The U.S. District Court for the Western District of Pennsylvania recently held that obtaining a credit report for assistance in the collection of a debt constitutes a permissible purpose under § 1681b(a)(3)(A) of the FCRA. In Fritz v. Capital Management Services, LP, No. 2:12-cv-1725, 2013 WL 4648370 (W.D. Pa. Aug. 29, 2013), the plaintiff filed suit against the defendant debt collector alleging violations of the FCRA after the defendant inquired into her credit history upon placement of plaintiff's account with the defendant. It was undisputed that the plaintiff never ...
In Forrest v. Genpact Servs., LLC, 3:12-CV-2249, 2013 WL 4516479 (M.D. Pa. Aug. 26, 2013), the United States District Court for the Middle District of Pennsylvania held that a plaintiff bringing a Telephone Consumer Protection Act ("TCPA") claim under 47 U.S.C. § 227(b)(1)(A) is not required to allege that she actually answered the phone calls placed to her cellular telephone. Defendant Genpact Services, LLC, admitted to calling Plaintiff's cellular telephone over 225 times in a 54-day period using an automatic telephone dialing system. Plaintiff brought a TCPA claim against ...
In Riddle v. Bank of America Corp., et al., 2013 WL 1482668 (E.D. Pa. Apr. 11, 2013), the federal district court for the Eastern District of Pennsylvania held plaintiffs' allegation that the defendants actively concealed a reinsurance kickback scheme was sufficient to equitably toll the running of RESPA's one-year statute of limitations and, as such, that plaintiffs' RESPA claim could survive dismissal.
The plaintiffs filed a putative RESPA class action suit against Bank of America and various mortgage insurers claiming that the defendants engaged in an illegal scheme whereby ...
A federal court in Pennsylvania recently held that a "Quick Response Code" ("QR Code") located on an envelope that contained a debt collection letter did not violate Section 1692f of the FDCPA. In Waldron v. Professional Medical Management, the plaintiff sued the defendant debt collection firm after it sent him collection letter bearing a QR Code that was visible through the pane of the envelope and, when scanned, showed the plaintiff's name, address, and a nineteen digit code. No. 12-1863, 2013 WL 978933 (E.D. Pa. Mar. 13, 2013). The defendant moved for summary judgment. In support of ...