News & Analysis as of

Statutory Interpretation Fair Debt Collection Practices Act Standing

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

Orrick, Herrington & Sutcliffe LLP

Eighth Circuit vacates FDCPA judgement, finding statutorily-required letter does not confer standing

On August 13, the U.S. Court of Appeals for the 8th Circuit reversed a lower court’s ruling that awarded damages and attorneys’ fees to a consumer who received a debt collection letter after requesting no further contact. The...more

Brownstein Hyatt Farber Schreck

Brownstein Appeals Case to the United States Supreme Court

On June 26, 2025, Brownstein filed a Petition for a Writ of Certiorari to the United States Supreme Court, seeking review of a Ninth Circuit Court of Appeals decision regarding the Fair Debt Collection Practices Act (FDCPA)....more

Burr & Forman

Standing Room Only – Eighth Circuit Holds that Non-Consumer Attorney Lacks Standing to Bring FDCPA Claim

Burr & Forman on

In Magdy v. I.C. Sys., Inc., No. 21-3010, 2022 WL 4075764, at *1 (8th Cir. Sept. 6, 2022), the Eighth Circuit Court of Appeals, faced with a matter of first impression, held that a non-consumer attorney could not bring an...more

Carlton Fields

Real Property, Financial Services, & Title Insurance Update: Week Ending January 17, 2020

Carlton Fields on

Real Property Update - Condition Precedent / Summary Judgment: Master association was not an owner of the condominium association and lacked standing to defend litigation based upon condominium association’s alleged...more

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