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Nevada Court Finds No Cognizable Injury-in-Fact in Avila Interest Disclosure Claim

Avila interest disclosure decisions have ebbed since the Second Circuit’s decision in Taylor v. Financial Recovery Services, but a new court decision popped up in District of Nevada that examined what actual har an interest disclosure caused to a consumer. In Martinez v. Aargon Agency, Inc., Case No. 2:17-cv-789 (D. Nev. Sep. 12, 2018), the court found that including an interest disclosure did not cause a cognizable injury-in-fact.

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Don’t let important recent TCPA cases slip past you

Make sure you’re current with recent TCPA cases. You can track them – and see at-a-glance if they went for or against the industry – at insideARM’s TCPA resource page. Find it here.


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M.D. Georgia Finds No Stand-Alone Defense for Relying on Debt Information Provided by Creditor

Earlier this month, the Middle District of Georgia (M.D. Georgia) reviewed whether a debt collector can avoid Fair Debt Collection Practices Act (FDCPA) liability by relying on the information provided by the creditor as a stand-alone defense -- as opposed to through the bona fide error defense. In Foster v. Franklin Collection Services, Inc., Case No. 5:17-cv-8 (M.D. Ga. Sep. 13, 2018), the court declined to recognize such a stand-alone defense.

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ARM-U 2018 Fall Semester: A Virtual Conference Series for Collection Industry Professionals

23 October 2018 at 01:00 p.m.

insideARM & the Compliance Professionals Forum present a virtual conference series where industry professionals gather to learn from experts focusing on critical topics & operational pressures. 

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