News & Analysis as of

Fair Debt Collection Practices Act TransUnion LLC v Ramirez

Balch & Bingham LLP

CFC How Standing Can Make or Break Certification - (TRANSCRIPT)

Balch & Bingham LLP on

Class actions are on the rise. Is your business ready to protect itself? Hi, I'm Jason Tompkins, a member of Balch's Consumer Finance Compliance and Defense Practice. Debt collectors are frequent targets of class actions...more

Hinshaw & Culbertson - Consumer Crossroads

Tips for Loan Servicers on Defending Consumer Claims in Federal Court and Making Successful Article III Standing Challenges

Loan servicers and their counsel are often sued by consumers during contested mortgage foreclosure proceedings. The United States Supreme Court’s opinions in Spokeo, Inc. v. Robins and TransUnion v. Ramirez continue to be an...more

Robinson+Cole Class Actions Insider

What is Required to Allege Standing in Cases Alleging Invasion of Privacy? Third Circuit Weighs In.

In today’s world nearly everyone’s name, address and various other pieces of arguably personal information reside on many companies’ computer servers. Sharing of such information between companies has resulted in countless...more

Seyfarth Shaw LLP

No Harm, No Foul? The Legacy of TransUnion Two Years Later (Part 3)

Seyfarth Shaw LLP on

Seyfarth Synopsis: As reported here, for the two-year anniversary of the U.S. Supreme Court’s rulings regarding Article III standing in TransUnion LLC v. Ramirez (“TransUnion”), the Workplace Class Action blog is providing a...more

Troutman Pepper Locke

A Stunning Opinion on “Dunning” ‎Letters: Revised Opinion Following En Banc Review

Troutman Pepper Locke on

In a revised opinion issued September 8, 2022, an en banc panel of the Eleventh Circuit Court of Appeals reversed last year’s controversial opinion which potentially spelled trouble for debt collectors utilizing third-party...more

Hinshaw & Culbertson - Consumer Financial...

The Hunstein Saga Ends at the Eleventh Circuit: Court Determines That Use of a Mail Vendor Did Not Inflict a Concrete Injury

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

Sheppard Mullin Richter & Hampton LLP

Eleventh Circuit Dismisses Debt Collection Letter Case For Lack of Standing

On September 8, the U.S. Court of Appeals for the Eleventh Circuit issued an order in Hunstein v. Preferred Collection and Management Services, Inc. dismissing the case after determining that plaintiff failed to allege a...more

Goodwin

District Court Declines to Extend Debt Collector’s Reading of TransUnion v. Ramirez Standing Requirements

Goodwin on

On April 27, 2022, the U.S. District Court for the Western District of Pennsylvania certified a class comprised of individuals alleging the Defendants violated the Fair Debt Collection Practices Act (FDCPA).  Plaintiffs...more

King & Spalding

Supreme Court Shakes Up Law Of Article III Standing In Transunion Llc V. Ramirez; Eleventh Circuit To Grapple With Decision In...

King & Spalding on

It is no overstatement to say the class-action bar awaited the Supreme Court’s decision in TransUnion LLC v. Ramirez, 141 S. Ct. 2190 (2021), with bated breath. When the 5–4 decision came down in June, it clarified the law...more

Sheppard Mullin Richter & Hampton LLP

Eleventh Circuit orders en banc rehearing in Hunstein

On November 17, a majority of the active judges of the U.S. Court of Appeals for the Eleventh Circuit issued an order sua sponte to rehear Hunstein v. Preferred Collection and Management Services, Inc., en banc. The order...more

Hinshaw & Culbertson - Consumer Crossroads

Eleventh Circuit Orders En Banc Rehearing of Hunstein Case and Vacates Opinion

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

McGlinchey Stafford

The Real Story of Hunstein is the Enhanced Analysis, Not the Outcome

McGlinchey Stafford on

On October 28, 2021, the Eleventh Circuit vacated its April 21, 2021 opinion (Hunstein I) that had sent shockwaves through the debt collection industry and substituted a new Opinion (Hunstein II) in its place...more

Fox Rothschild LLP

Appellate Panel Doubles Down on Debt Collectors, Faulting Use of Third-Party Mailing Vendors

Fox Rothschild LLP on

A panel of the Eleventh Circuit has once again held that a debt collector possibly violates the Fair Debt Collection Practices Act (FDCPA) by transmitting private information to a third-party commercial mail vendor. In...more

Snell & Wilmer

Hunstein v. Preferred Collection & Management Services, Inc.— Eleventh Circuit Panel Doubles Down Pending En Banc Rehearing...

Snell & Wilmer on

In an unusual move, an Eleventh Circuit panel doubled down on its prior, industry-disrupting decision that a debt collector may violate the Fair Debt Collection Practices Act (“FDCPA”) by transmitting private information to a...more

Burr & Forman

Eleventh Circuit Keeps Troublesome FDCPA Ruling Despite Rehearing, Dissent

Burr & Forman on

The Eleventh Circuit Court of Appeals has issued its ruling on the motion for rehearing in Hunstein v. Preferred Collection and Management Services, Inc., Case No. 19-14434 but most of the troublesome aspects of the Court’s...more

Troutman Pepper Locke

A Stunning Opinion on “Dunning” ‎Letters – Revised Opinion Following Motion for ‎Reconsideration

Troutman Pepper Locke on

Earlier this year, the United States Court of Appeals for the Eleventh Circuit released the controversial decision Hunstein v. Preferred Collection & Mgmt. Services, Inc., No. 19-14434, 2021 WL 1556069 (11th Cir. Apr. 21,...more

Hinshaw & Culbertson - Consumer Financial...

Consumer Law Hinsights – Special Edition

Reasons for Optimism as Eleventh Circuit Revisits Hunstein and Doubles Down - In Hunstein v. Preferred Collection and Management Services, the Eleventh Circuit drastically altered the Fair Debt Collection Practices Act...more

Womble Bond Dickinson

Tenth Circuit Applies TransUnion v. Ramirez To Find Standing In Single-Call Debt Collection Case

Womble Bond Dickinson on

The U.S. Supreme Court’s recent TransUnion v. Ramirez decision on Article III standing was discussed at length and applied by the Tenth Circuit Court of Appeals in Lupia v. Medicredit, Inc., --- F. 4th ---, 2021 WL 3627103...more

Spilman Thomas & Battle, PLLC

All Consuming - Financial Litigation Insights, Volume 2, Issue 9

Consumer Watchdog Group Issues Policy to Strengthen National Eviction Moratorium - "Since the eviction moratorium has been in effect, housing advocates and renters have said a lack of enforcement has led to landlords...more

Hinshaw & Culbertson - Consumer Financial...

Consumer Law Hinsights - March 2021

Consumer Law Hinsights is a monthly compilation of nationwide consumer protection cases of interest to financial services and accounts receivable management companies. In this edition, we are also highlighting popular posts...more

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