On September 8, 2022, the Eleventh Circuit Court of Appeals gave its final word—after many twists and turns—in Hunstein v. Preferred Collection and Management Services, Inc., No. 19-14434. The court issued an en banc opinion...more
Today, Hunstein took another unique—but favorable—turn for the debt collection industry. The Eleventh Circuit Court of appeals issued an order vacating its last opinion in Hunstein vs. Preferred Collection & Management...more
Consumer Law Hinsights is a monthly compilation of nationwide consumer protection cases of interest to financial services and accounts receivable management companies.
Eleventh Circuit Delivers Surprising Decision on Use...more
CFPB Issues Final Debt Collection Rule -
Among other points, the first installment allows for using text messaging and email when collecting on debts, provided that the debt collector gives instructions about how to...more
11/4/2020
/ ATDS ,
Barr v American Association of Political Consultants Inc ,
Consumer Financial Protection Bureau (CFPB) ,
Debt Collection ,
Debt Collectors ,
Facebook Inc v Duguid ,
FCC ,
FDCPA ,
Financial Services Industry ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Robocalling ,
TCPA ,
Time-Barred Debt ,
TRACED Act
Consumer Law Hinsights is a monthly compilation of nationwide consumer protection cases of interest to financial services and accounts receivable management companies, brought to you by Hinshaw & Culbertson LLP....more
9/1/2020
/ Actual Injuries ,
Affirmative Defenses ,
Appeals ,
Article III ,
Consent ,
Consumer Protection Laws ,
Credit Reporting Agencies ,
Debt Collection ,
Debt Collectors ,
Dismissals ,
FDCPA ,
Registration Requirement ,
Standing ,
State and Local Government ,
State Law Claims ,
TCPA ,
Text Messages ,
Voicemail
Welcome to Consumer Law Hinsights?a monthly compilation of nationwide consumer protection cases of interest to financial services and accounts receivable management companies. This edition highlights our interactive COVID-19...more
8/4/2020
/ Accounts Receivable ,
Appeals ,
Auto-Dialed Calls ,
Burden of Proof ,
Consumer Financial Protection Bureau (CFPB) ,
Consumer Protection Laws ,
Credit Reporting Agencies ,
Debt Collection ,
Debt Collectors ,
Eviction ,
Evidentiary Standards ,
Executive Orders ,
Experian ,
Failure to Investigate ,
Fair Credit Reporting Act (FCRA) ,
FCC ,
FDCPA ,
Financial Services Industry ,
Forbearance Agreements ,
Foreclosure ,
Moratorium ,
Mortgages ,
Punitive Damages ,
Removal At-Will ,
Reversal ,
SCOTUS ,
Seila Law LLC v Consumer Financial Protection Bureau ,
Separation of Powers ,
Single Director ,
Standard of Review ,
State and Local Government ,
Statutory Violations ,
TCPA ,
Willful Misconduct
Consumer Law Hinsights is a monthly compilation of nationwide consumer protection cases of interest to financial services and accounts receivable management companies....more
5/23/2020
/ Accounts Receivable ,
Appeals ,
Commercial Speech ,
Consumer Financial Products ,
Consumer Protection Laws ,
Coronavirus/COVID-19 ,
Debt Collection ,
Debt Collectors ,
Deceptively Misdescriptive ,
Failure To Disclose ,
FDCPA ,
Financial Services Industry ,
Free Speech ,
Moratorium ,
Online Payments ,
Portal ,
Settlement ,
State Attorneys General ,
Statute of Limitations ,
Statutory Violations ,
Taxable Exchanges ,
TCPA ,
Time-Barred Debt ,
Totality of Circumstances Test ,
Unfair or Deceptive Trade Practices ,
Warning Letters ,
Websites
Welcome to Consumer Law Hinsights?a monthly compilation of nationwide consumer protection cases of interest to financial services and accounts receivable management companies. This edition highlights our interactive COVID-19...more
4/26/2020
/ Appeals ,
ATDS ,
California Consumer Privacy Act (CCPA) ,
Class Action ,
Consumer Financial Products ,
Consumer Lenders ,
Consumer Litigation ,
Contract Terms ,
Coronavirus/COVID-19 ,
Credit Cards ,
Creditors ,
Debt Collectors ,
Dismissals ,
Executive Orders ,
FDCPA ,
Financial Services Industry ,
Interactive Content ,
Interest Accrual ,
Notice Requirements ,
Relief Measures ,
Split of Authority ,
State and Local Government ,
TCPA ,
Unfair or Deceptive Trade Practices ,
Videoconference ,
Zoom®