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Consumer Litigation Trends

Consumer Litigation Trends. NCHELP EFC Student Loan Legal Meeting. Consumer Litigation Trends. Statistics Fair Debt Collection Practices Act (FDCPA) Fair Credit Reporting Act (FCRA) Telephone Consumer Protection Act (TCPA) Strategies Regulatory Enforcement Outlook.

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Consumer Litigation Trends

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  1. Consumer Litigation Trends NCHELP EFC Student Loan Legal Meeting

  2. Consumer Litigation Trends • Statistics • Fair Debt Collection Practices Act (FDCPA) • Fair Credit Reporting Act (FCRA) • Telephone Consumer Protection Act (TCPA) • Strategies • Regulatory Enforcement • Outlook

  3. Consumer Litigation Trends: Statistics

  4. Consumer Litigation Trends: Statistics • Most claims filed • New York • California • Pennsylvania • Florida • Illinois • Colorado • Minnesota

  5. Consumer Litigation Trends: Statistics • AllianceOne TCPA class settlement • Up to $9M (max. $40/class member) • $10,000 per named Plaintiff • Costs and attorney’s fees • Excessive overdraft fees litigation • JP Morgan Chase ($110M) • PNC Bank ($90M) • US Bank ($55M)

  6. Consumer Litigation Trends: Strategies • Pre-litigation demands vs. filing suit • Federal vs. State court: artful pleading • FOIA requests • Bootstrapping claims • Frequent filers • Fishing

  7. Consumer Litigation Trends: Types of FDCPA Claims • Voicemail messages • Overshadowing and Confusion • Letters returned as undeliverable • Harassment/Abuse • Call frequency • Vicarious liability • Company owner • Service provider

  8. Consumer Litigation Trends: Types of FCRA Claims • Accurate and complete information • Flagging tradeline as disputed • Conducting a “reasonable” investigation • Permissible Purpose • Reporting a bankruptcy

  9. Consumer Litigation Trends: Types of TCPA Claims • Autodialed calls to cell phones • Prior express consent • Wrong party calls • Prerecorded messages • State v. Federal court • Statute of limitations • Insurance coverage debacle

  10. Consumer Litigation Trends: Regulatory Enforcement • CO Attorney General $14 million settlement • NY, WV, MN shut downs and fines • FTC Consent Decrees • Consumer Financial Protection Bureau • Supervision and Examination authority • Enforcement authority

  11. Consumer Litigation Trends: Regulatory Enforcement • Settlement with 20 AGs and QuinStreet • $2.5M civil penalty • Website disclosure requirements • http://www.cfpbmonitor.com/files/2012/07/quinstreetavc.pdf • MD Collection Agency Licensing Board • $1M civil penalty • Dismissal of 3,500+ lawsuits • CFPB $140M enforcement against CapOne

  12. Consumer Litigation Trends: Outlook • Consumer Financial Protection Bureau • Approach to complaints • Student Loans • Ombudsman • Complaints • Confidential Treatment of Privileged Information

  13. Consumer Litigation Trends: Outlook • State and Federal tag teams • Baiting, fishing and trapping • Electronic Funds Transfers • “Local” caller ID • FDCPA • Truth in Caller ID Act [47 USC § 227e]

  14. Consumer Litigation Trends: Questions? Wendy Badger Director, Corporate Compliance ECMC Group, Inc. (651) 325-3652 wbadger@ecmc.org

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