Oracle seeks to add the Android operating system’s market dominance to its copyright suit against Google. By Reuters. Business Insider.
Oracle Copyright Law Suit
FilmOn Copyright Case
U.S. federal court rules that live-streaming service FilmOn can act as a cable provider and stream local broadcasting, as long as it pays copyright royalties to the networks. By Eriq Gardner. The Hollywood Reporter.
N.Y. DFS Provides Insight on Key Provisions of Its Debt Collection Regulations
Rule 1.2 Rule 1.2 requires the debt collector, within five days of the initial communication concerning the collection of a debt, to disclose that certain types of income are exempt from collection if a money judgment is entered against the consumer. The industry has raised concerns that including this exempt income language on communications to […]
Continue readingTELEPHONE CONSUMER PROTECTION ACT
Restrictions on the Use of Telephone Equipment 47 U.S.C. § 227 (a) DEFINITIONS.—As used in this section— (1) The term “automatic telephone dialing system” means equipment which has the capacity— (A) to store or produce telephone numbers to be called, using a random or sequential number generator; and (B) to dial such numbers. (2) […]
Continue readingSixth Circuit Rules Against Collection Agency in FDCPA Out-of-Statute Debt Collection Case
Court reverses district court decision in Buchanan holding that an offer to settle a stale debt may misleadingly imply a threat of litigation in violation of the FDCPA. The Sixth Circuit Court of Appeals issued a 2-1 ruling in Buchanan v. Northland Group, Inc., No. 13-2523 (6th Cir., Jan. 13, 2015), on Jan. 13, 2015. The […]
Continue readingNew York, Zombie Debt and the CFPB
Earlier this month, New York adopted enhanced consumer debt collection regulations proposed by the New York State Department of Financial Services (NYDFS). The regulations, among other things, require debt collectors to provide consumers additional disclosures, entitle consumers to more information about the money they owe and make it more difficult to collect on time-barred or “zombie” […]
Continue readingEigth Circuit Decision: Sarah McIvor v. Credit Control Services, Inc.
Is a communication between a debt collector and a credit reporting agency a communication “in connection with the collection of any debt” for purposes of the FDCPA? In a case in which the Eighth Circuit actually found against a debtor on her claim against a collection agency based on the FDCPA, the court nevertheless adopted a standard […]
Continue readingCollection Agency Asks Third Circuit to Rehear Precedential FDCPA Case
In the first U.S. case involving alleged FDCPA violations arising from use of modern technology that generated and disclosed an innocuous internal tracking number, which had no capacity to identify or expose the consumer’s personal financial information, collection agency urges the Third Circuit to reconsider its erroneous decision. Convergent Outsourcing filed a Petition for Rehearing En […]
Continue readingFallout Growing from FDCPA Decision on Proof of Claim on Time-Barred Debt
A U.S. Circuit Court decision this summer took an extraordinary step when it held that filing a proof of claim on time barred debt is conduct that violates the FDCPA. At the time, attorneys close to both bankruptcy and FDCPA proceedings warned that it would touch off a very real firestorm in that sector. That […]
Continue readingBreaking Down the Second Circuit’s Recent Decision Regard Disclosure Disputes
What Debt Collectors Need to Know The Second Circuit’s recent decision in Hooks v. Forman has received quite a bit of attention since it was handed down May 29, 2013. The case held that a disclosure made pursuant to 1692g(a) violated the Fair Debt Collection Practices Act when it instructed the recipient of the letter that if she […]
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