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Appeals Statutory Damages Fair Debt Collection Practices Act

Orrick, Herrington & Sutcliffe LLP

California appellate court rules font size violation alone sufficient for Rosenthal Act standing

On September 9, a division of the California Courts of Appeal reversed a summary judgment in favor of a debt collector, holding that a violation of the Rosenthal Fair Debt Collection Practices Act (the Rosenthal Act) based on...more

Burr & Forman

Burr Alert: Fifth Circuit Rejects Consumer’s “Outrageous” FDCPA Attorney’s Fee Request

Burr & Forman on

The Fair Debt Collection Practices Act (“FDCPA”) provides that a consumer is entitled to “reasonable attorney’s fees” as part of a “successful” claim. See 15 U.S.C. § 1692k(a)(3). While courts have found that this provision...more

King & Spalding

Nicklaw v. CitiMortgage, Inc.: Eleventh Circuit Holds Statutory Violation Insufficient to Confer Article III Standing Absent...

King & Spalding on

On October 6, 2016, the United States Court of Appeals for the Eleventh Circuit issued its opinion in Nicklaw v. CitiMortgage, Inc., dismissing, for lack of Article III standing, a class action complaint that alleged...more

Ballard Spahr LLP

Third Circuit Remands "Meaningful Attorney Involvement" Decision

Ballard Spahr LLP on

The U.S. Court of Appeals for the Third Circuit has vacated the district court's decision in Bock v. Pressler & Pressler, LLP in which the district court ruled that a debt collection law firm violated the Fair Debt Collection...more

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