News & Analysis as of

Class Action Appeals Fair Debt Collection Practices Act

A class action is a type of legal action where a representative individual or group of individuals can bring a claim on behalf of a larger group or class who share a common legal interest.
McGlinchey Stafford

Litigation Byte (May 2025 Edition)

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Delivered in digestible, insightful bites, McGlinchey’s Litigation Byte is a monthly roundup of financial services decisions and cases nationwide that impact your business....more

McGlinchey Stafford

Third Circuit Finds Class Plaintiff Lacks Standing to Sue Under the FDCPA

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The Third Circuit Court of Appeals recently affirmed the district court’s decision to dismiss a putative class action against a collection company on the grounds that the plaintiff lacked standing to sue under the Fair Debt...more

Orrick, Herrington & Sutcliffe LLP

Fourth Circuit rules bankruptcy discharge does not eliminate FDCPA claims on mortgage liens

On April 4, the U.S. Court of Appeals for the Fourth Circuit issued an opinion reversing in part a lower court’s dismissal. The district court dismissed a plaintiff’s (an individual) complaint against a mortgage loan servicer...more

Foley & Lardner LLP

Class Victory Vacated as Seventh Circuit Adds to Current Split Over Standing and Intangible Injuries

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The Seventh Circuit rejected emotional distress and other intangible injuries as a basis for Article III standing in a class action seeking statutory damages under the Fair Debt Collection Practices Act (FDCPA). In Pierre v....more

Perkins Coie

Eleventh Circuit FDCPA Decision Could Dramatically Affect Mortgage Servicers' Operations

Perkins Coie on

The U.S. Court of Appeals for the Eleventh Circuit recently upheld a lower court’s decision in Hunstein v. Preferred Collection and Management Services, Inc., 994 F.3d 1341 (11th. Cir. 2021). They affirmed that a debt...more

Hinshaw & Culbertson - Consumer Financial...

Consumer Law Hinsights – April 2020

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

Bradley Arant Boult Cummings LLP

Time Stops For No One: The Supreme Court Addresses Timeliness Issues in Two Separate Class Cases

The U.S. Supreme Court suddenly seems to have a little time on its hands. Or at least on its mind. In two different class action cases on its docket this week, the question at hand was timeliness....more

King & Spalding

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

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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

McGuireWoods LLP

Week in Review: The Uphill Battle of a Rule 23(f) Appeal and More Spokeo

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This week we take a look at a Ninth Circuit decision giving short shrift to a Rule 23(f) appeal and revisit two repeat players on Class Action Countermeasures: arbitration clauses and challenges to a class representative’s...more

Hinshaw & Culbertson LLP

Fourth Circuit Rejects Motion to Compel Arbitration in FDCPA Putative Class Action

Hayes v. Delbert Servs. Corp., No. 15-1170, 2016 WL 386016 (4th Cir. Feb. 2, 2016) - In Hayes v. Delbert Servs., Corp.,the U.S. Court of Appeals for the Fourth Circuit held that an arbitration agreement between the...more

Burr & Forman

Dodd-Frank News: November 2015: Dodd-Frank Wall Street Reform and Consumer Protection Act Update

Burr & Forman on

The Dodd-Frank Wall Street Reform and Consumer Protection Act was enacted as a measure to promote financial stability and protection for consumers through increased regulation of nearly every aspect of the consumer finance...more

Skadden, Arps, Slate, Meagher & Flom LLP

The Class Action Chronicle - Fall 2015

This is the ninth edition of The Class Action Chronicle, a quarterly publication that provides an analysis of recent class action trends, along with a summary of class certification and Class Action Fairness Act rulings...more

Ballard Spahr LLP

Second Circuit: Transfer of Mortgage Servicing Rights Triggers FDCPA Disclosure Requirement

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A federal appeals court has ruled that a nonbank mortgage servicer’s notice of servicing rights transfer sent pursuant to RESPA constitutes debt collection and thus triggers mandatory FDCPA disclosures. The Second Circuit...more

Goodwin

Business Litigation Reporter - February 2015

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Goodwin Procter’s Business Litigation Reporter provides timely summaries of key cases and other developments within dedicated Business Litigation sessions and related courts throughout the country – courts within which...more

Benesch

Eighth Circuit Reverses Class Certification of FDCPA Suit Against Debt Collector And Its In-House Attorneys

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In Powers v. Credit Mgmt. Servs., Inc., No. 13-2831 (8th Cir. Jan. 13, 2015), the United States Court of Appeals for the Eighth Circuit reversed the District of Nebraska’s order granting class certification of an action...more

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