The Sept. 2 oral argument will focus on the appeal to the Nevada medical debt law from the Nevada Collectors Association and other stakeholders. 06/28/2022 1:00 P.M. 2.5 minute read The 9th Circuit Court of Appeals has set a date for oral argument in the lawsuit challenging S.B. 248, the Nevada medical debt law that […]
The plaintiffs-appellants contest deprivation of constitutional rights in Nevada’s medical debt law and First Amendment violations preventing collectors from engaging in a lawful business and helping consumers resolve their accounts. Editor’s note: This article is available for members only. 06/08/2022 2:00 P.M. 5 minute read The plaintiffs-appellants in the case challenging the Nevada medical debt […]
A data furnisher erroneously reported that a consumer owed a debt that had been “abolished” under Arizona law. After the consumer disputed the entry, the data furnisher continued to report late payments on the debt and mounting interest and late fees. As a matter of law, the reports were false. The U.S. Court of Appeals […]
The Nevada Hospital Association brief was filed after ACA’s call to action for medical providers to support the appeal, which seeks clarity on requirements in the state’s medical debt law. Editor’s Note: This article is available for members only. 04/14/2022 3:00 P.M. 5 minute read The Nevada Hospital Association has filed an amicus brief in […]
The 9th Circuit Court of Appeals reversed a district court’s grant of summary judgment to a law firm, finding that the law firm’s collection notice violated the FDCPA because it expressly stated that the consumer must dispute the debt in writing. 01/26/2022 3:30 P.M. 3.5 minute read Almada v. Krieger Law Firm, A.P.C., No. 21-55275, […]
The 9th Circuit Court of Appeals affirmed a district court’s finding that the LiveVox system did not qualify as an ATDS merely because it stored pre-produced lists of telephone numbers in the order in which they were uploaded. 01/20/2022 1:30 P.M. 3.5 minute read Meier v. Allied Interstate LLC, c/o Ct Corp. Sys., No. 20-55286, […]
A consumer disputed the status of her mortgage on her credit report. The consumer reporting agency (CRA) claimed that she did not properly state a claim under the Fair Credit Reporting Act because she did not sufficiently notify the CRA of the nature of her dispute. The district court agreed with the CRA and dismissed the case. On appeal, the 9th Circuit found the consumer stated a claim and that the district court erred when it dismissed the case. […]
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