Whether a mistake of law that results in the filing of a lawsuit after the expiration of the applicable statute of limitations is a bona fide error under the Fair Debt Collection Practices Act (FDCPA) has been hotly debated
The United States Court of Appeals for the Seventh Circuit (governing appeals of lawsuits filed in federal court in Illinois, Indiana and Wisconsin) doubled down yesterday on its recent string of opinions
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It is no secret that credit reporting and furnishing practices remain a high priority of regulators. The Consumer Financial Protection Bureau (“CFPB”) issued its disclosure portion of the Debt Collection Rule last week.
It is the holiday season, and Spokeo, Inc. v. Robins, 136 S. Ct. 1540 (2016), and its progeny keep giving back to the collections industry.
Having the "prior express consent" of the party receiving the call remains the best defense in cases filed under the Telephone Consumer Protection Act (TCPA).