News & Analysis as of

Corporate Counsel Debt Collection Financial Services Industry

A&O Shearman

CJEU imposes limits on the validity of asymmetric EU jurisdiction clauses

A&O Shearman on

In a decision that may cause some concern, the CJEU has held that asymmetric EU jurisdiction clauses are only valid under EU law if they designate with sufficient precision the alternative jurisdictions in which proceedings...more

Baker Donelson

In Reversing Hunstein, the Eleventh Circuit Stands Firm on Standing, But Other Questions Remain

Baker Donelson on

On September 8, 2022, following an en banc review, the Eleventh Circuit issued its much-awaited new decision in the Hunstein v. Preferred Collection and Management Services action, which involves a claimed violation of the...more

Troutman Pepper Locke

Eleventh Circuit En Banc Panel Reverses Controversial Hunstein Decision

Troutman Pepper Locke on

In a much anticipated decision released September 8, an en banc panel of the Eleventh Circuit Court of Appeals reversed the district court’s decision that a debt collector’s outsourcing of its letter process to a third-party...more

Bradley Arant Boult Cummings LLP

New York Adds ADA-Type Requirement and Teeth to Debt Collection Procedure Act

On October 8, the governor of New York signed Bill No. AO-2260A to assist borrowers who need accommodation for visual impairments. Bill No. AO-2260A is “an act to amend the general business law, in relation to requiring debt...more

Burr & Forman

Sixth Circuit Dismisses FDCPA Voicemail Case For Lack of Standing

Burr & Forman on

In line with the recent trend of courts giving increased scrutiny to standing in consumer finance cases, the Sixth Circuit Court of Appeals dismissed an appeal this week under the Fair Debt Collection Practices Act (“FDCPA”)...more

Goodwin

Seventh Circuit Yet Again Reaffirms Spokeo Principle That Bare FDCPA Violation Is Not Actionable

Goodwin on

On May 14, 2021, the Seventh Circuit United States Court of Appeals issued a decision reaffirming the rule from “a slew of cases” that, without injury, a Fair Debt Collection Practices Act (FDCPA) claim alleging a bare...more

Blank Rome LLP

The Hunstein Effect – Examining the Eleventh Circuit’s Ruling and What’s Next for Debt Collectors and Their Third-Party Service...

Blank Rome LLP on

The U.S. Court of Appeals for the Eleventh Circuit has delivered a novel and highly consequential interpretation of the Fair Debt Collection Practices Act that is potentially transformative for debt collectors and their...more

Troutman Pepper Locke

Dunning Letter Contents Viewable through Envelope Window Are Subject to FDCPA, Holds Sixth Circuit

Troutman Pepper Locke on

In a new decision slated for publication, the Sixth Circuit weighed in on an issue under the Fair Debt Collection Practices Act (FDCPA): whether a “benign language” exception exists to a flat prohibition of substantive...more

Ballard Spahr LLP

The CFPB’s final collections rule: contact frequency limitations and limited content messages

Ballard Spahr LLP on

Among the items proposed in the CFPB’s NPRM that were adopted in its final collections rule are restrictions on call attempts and a limited content message definition. While many observers are somewhat dismayed that the...more

Ballard Spahr LLP

FTC Releases 2019 Privacy and Data Security Update

Ballard Spahr LLP on

On February 25th, the Federal Trade Commission (FTC) released its annual Privacy and Data Security Update, which highlights the FTC’s activities during the past year....more

Burr & Forman

Ninth Circuit Finds that the TCPA Debt Collection Exception Violates the First Amendment

Burr & Forman on

Last month, in Duguid v. Facebook, Inc., 17-15320, 2019 WL 2454853 (9th Cir. June 13, 2019), the United States Court of Appeals for the Ninth Circuit (“Ninth Circuit”) held that the debt collection exception to the Telephone...more

Ballard Spahr LLP

Second Circuit upholds personal liability of individual owner for payday debt collection companies’ FTCA and FDCPA violations

Ballard Spahr LLP on

The Second Circuit recently upheld a decision finding two individual co-owners personally liable for nearly $11 million for their companies’ violations of the Federal Trade Commission Act (FTCA) and Fair Debt Collection...more

Burr & Forman

Eleventh Circuit Affirms Dismissal of FDCPA Letter Case, Says “Least Sophisticated Consumer” Does Not Receive Correspondence “In a...

Burr & Forman on

For many of the claims asserted under the Fair Debt Collection Practices Act, 15 U.S.C. §§ 1692-1692p (the “FDCPA”), courts are required to apply the “least sophisticated consumer” standard in evaluating the claim, an...more

Ballard Spahr LLP

Responding to Consumer-Initiated Inquiry After "Cease" Letter Did Not Violate FDCPA, Eighth Circuit Court Holds

Ballard Spahr LLP on

In Scheffler v. Gurstel Chargo, P.A., the U.S. Court of Appeals for the Eighth Circuit rejected a career plaintiff’s attempts to manufacture a Fair Debt Collection Practices Act (FDCPA) claim by baiting a debt collector into...more

Burr & Forman

Northern District of Alabama Holds Contractual Consent Cannot Be Revoked Under TCPA

Burr & Forman on

The Northern District of Alabama recently followed the Second Circuit’s holding in Reyes v. Lincoln Automotive Financial Services, 861 F.3d 51 (2d Cir. 2017), and held that consent provided in a contract as part of a...more

Goodwin

Applying Spokeo, 6th Circuit Dismisses FDCPA Suit

Goodwin on

On February 16, 2018, the 6th Circuit, in Hagy v. Demers & Adams (882 F.3d 616 (6th Cir. Feb. 16, 2018)), found that a former borrower did not have standing to assert a claim under the Fair Debt Collection Practices Act...more

Ballard Spahr LLP

Second Circuit Denies Rehearing in Key TCPA Case

Ballard Spahr LLP on

Businesses that have not already done so should consult with counsel regarding "consent to be called" provisions in their consumer contracts in the wake of the decision by the U.S. Court of Appeals for the Second Circuit...more

Smith Debnam Narron Drake Saintsing & Myers,...

Seventh Circuit Holds Voice Mail Message Is A Communication

The Seventh Circuit has held that a voice mail message left for a consumer is a “communication” under the FDCPA. In Hart v. Credit Control, LLC, 2017 U.S. App. LEXIS 18375 (11th Cir. Sept, 22, 2017), the debt collector left...more

Burr & Forman

Eleventh Circuit: Voicemail Constitutes Communication Under the FDCPA, But Disclosure of Individual’s Identity Is Not Required

Burr & Forman on

In a case of first impression, the Eleventh Circuit recently held that a voicemail constitutes a “communication” under the FDCPA, and can thus trigger the mini-Miranda requirement, but an individual collecting on behalf of a...more

Smith Debnam Narron Drake Saintsing & Myers,...

Fourth Circuit Weighs in on Article III Standing

The Fourth Circuit recently examined the issue of Article III standing in the context of the FDCPA. In Ben-Davies v. Blibaum & Associates, P.A., 2017 U.S. App. LEXIS 9667 (4th Cir. June 1, 2017), the consumer sought to...more

Ballard Spahr LLP

Envelope’s Display of Barcode With Embedded Account Number Does Not Violate FDCPA, Court Rules

Ballard Spahr LLP on

A federal district court in Florida has ruled that a debt collector did not violate the Fair Debt Collection Practices Act (FDCPA) by sending a collection letter in an envelope that allegedly revealed a barcode in which the...more

Ballard Spahr LLP

4th Circuit: Filing Proof of Claim on Time-Barred Debt Did Not Violate FDCPA

Ballard Spahr LLP on

A debt collector did not violate the Fair Debt Collection Practices Act (FDCPA) by filing proofs of claim in bankruptcy cases on debts that were time-barred by Maryland’s statute of limitations (SOL), a divided U.S. Court of...more

Ballard Spahr LLP

Voicemail Message Without Express Statement It Was From Debt Collector Did Not Violate FDCPA, Ninth Circuit Rules

Ballard Spahr LLP on

A debt collection law firm did not violate the Fair Debt Collection Practices Act (FDCPA) by leaving a voicemail message for the plaintiff that identified the law firm but did not expressly state that the law firm was a debt...more

Dorsey & Whitney LLP

Who Is Exempt From Liability For Deceptive Debt Collection Claims?

Dorsey & Whitney LLP on

On December 11, 2015, the U.S. Supreme Court granted certiorari to hear a dispute concerning allegations of deceptive debt collection by lawyers. The case, Sheriff v. Gillie, was brought under the Fair Debt Collection...more

24 Results
 / 
View per page
Page: of 1

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide