Joel D. Gottesman

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FTC Reaches Settlement With Debt Collector; Imposes Financial Penalties and Other Remedies

On Dec. 5, 2017, the Federal Trade Commission reached a settlement with three defendants who it alleged partook in deceptive, abusive and unfair debt collection practices in violation of the Federal Trade Commission Act and the Fair Debt Collection Practices Act. Federal Trade Commission v. Hardco Holding Group LLC, 6:17-cv-01257 (M.D. Fla. Dec. 5, 2017). … Continue Reading

CFPB Announces $2.5 Million Fine, Compliance Monitoring for Deceptive Debt Collection Practices

On April 25, 2016, the Consumer Financial Protection Bureau (CFPB) entered into consent orders with a debt collection law firm, two of the firm’s principal partners, and New Century Financial Services, Inc., a company that purchases and collects consumer debts. The orders resolve allegations by the CFPB that each party violated the Fair Debt Collection … Continue Reading

Consumer Financial Protection Bureau Levies Repayment, Civil Fines for Deceptive Mortgage Practices

On Tuesday, July 28, the Consumer Financial Protection Bureau ordered Paymap Inc., a Colorado-based payment processing company and wholly owned subsidiary of Western Union Company, to repay consumers $33.4 million in fees and levied a $5 million civil penalty for violating a prohibition against unfair, deceptive, or abusive practices. The Bureau also ordered LoanCare, LLC, … Continue Reading

The Sixth Circuit Further Defines “Advertisement” Under the Telephone Consumer Protection Act

Last month, in a case of first impression, the Sixth Circuit Court of Appeals issued an opinion finding that unsolicited faxes intended strictly for informational purposes were not “advertisements” and therefore not actionable under the Telephone Consumer Protection Act (“TCPA”), 47 U.S.C. 227 et. seq. Sandusky Wellness Center v. Medco Health Solutions, No. 14-4201 (6th … Continue Reading
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