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U.S. District Court For The Northern District Of Texas Struck Down The FTC’s Noncompete Rule - TRANSCRIPT

As we dive into the Ryan, LLC v. FTC decision, Jason and Adam examine what an appeal to the Fifth Circuit may look like, highlighting that the plaintiffs made a number of arguments as to the invalidity of the FTC non-compete...more

Balch’s Decision Dive: Texas Trial Court Struck Down the FTC’s Noncompete Rule [Video]

In this episode of Decision Dive, Balch’s Jason Tompkins, Chair of Balch & Bingham’s Issues & Appeals Practice, is joined by Adam Israel, partner in the firm’s Litigation Practice, to explore a decision by the U.S. District...more

U.S. District Court Addresses Federal Preemption For State Credit Reporting Laws - Transcript

Welcome to Balch's Consumer Finance Compass, where we navigate the complex regulatory sphere that is consumer finance. I'm Jason Tompkins, partner in the Consumer Finance Compliance and Defense Practice. Today we'll explore...more

U.S. District Court Addresses Federal Preemption for State Credit Reporting Laws [Video]

In this episode of Consumer Finance Compass, Balch’s Jason Tompkins, partner in Balch & Bingham’s Consumer Finance Compliance & Defense Practice, explores the decision from the U.S. District Court for the District of Maine in...more

Alabama Appellate Court Determines Who Is Responsible For Loss Due To Fraudulent Wire Transfer Instructions

In this episode of Decision Dive, Balch’s Jason Tompkins, Chair of Balch & Bingham’s Issues & Appeals Practice, is joined by Conrad Anderson IV, partner in the firm’s Litigation Practice, to explore the Alabama Court of Civil...more

Eleventh Circuit Court Of Appeals Decision Examines What Is Needed To Preserve An Argument For Appeal - (TRANSCRIPT)

In this episode of Decision Dive, Balch’s Jason Tompkins, Chair of Balch & Bingham’s Issues & Appeals Practice, is joined by Robert Baxley, attorney in the firm’s Litigation Practice, to explore the Eleventh Circuit’s new...more

Seventh Circuit Rules Disclosure Of Personal Information To Vendor Is Not An Injury - (Transcript)

In this episode of Consumer Finance Compass, Balch’s Jason Tompkins, partner in Balch & Bingham’s Consumer Finance Compliance & Defense Practice, explores the Seventh Circuit’s new decision ruling that the disclosure of...more

Seventh Circuit rules Disclosure of Personal Information to Vendor is not an Injury [Video]

In this episode of Consumer Finance Compass, Balch’s Jason Tompkins, partner in Balch & Bingham’s Consumer Finance Compliance & Defense Practice, explores the Seventh Circuit’s new decision ruling that the disclosure of...more

Eleventh Circuit Court Of Appeals Backs Employer’s Denial Of FMLA Leave (Transcript)

In this episode of Decision Dive, Balch’s Jason Tompkins, Chair of Balch & Bingham’s Issues & Appeals Practice, is joined by Christina Pantazis, attorney in the firm’s Labor & Employment Practice, to explore the Eleventh...more

Eleventh Circuit Court of Appeals Backs Employer’s Denial of FMLA Leave [Video]

In this episode of Decision Dive, Balch’s Jason Tompkins, Chair of Balch & Bingham’s Issues & Appeals Practice, is joined by Christina Pantazis, attorney in the firm’s Labor & Employment Practice, to explore the Eleventh...more

Third Circuit Holds Creditors Should Investigate All Indirect Disputes Of Accounts On A Credit Report - (Video Transcript)

Welcome to Balch's Consumer Finance Compass, where we'll navigate the complex regulatory sphere that is consumer finance. I'm Jason Tompkins, chair of the firm's Issues and Appeals Practice and member of the Consumer Finance...more

Third Circuit holds creditors should investigate all indirect disputes of accounts on a credit report [Video]

In this episode of Consumer Finance Compass, Balch’s Jason Tompkins, partner in Balch & Bingham’s Consumer Finance Compliance & Defense Practice, explores the Third Circuit’s new decision holding that furnishers have no...more

Eleventh Circuit Holds Unwanted Text Message Is Enough for a Lawsuit [Video]

In this episode of Consumer Finance Compass, Jason Tompkins, partner in Balch & Bingham’s Consumer Finance Compliance & Defense Practice, explores the Eleventh Circuit’s new decision in Muccio v. Global Motivation, Inc.,...more

Eleventh Circuit’s “Narrow” Holding May Open Wide Disputes About Duties Under The FCRA

The Eleventh Circuit recently weighed in on a common practice—reporting debts subject to bankruptcy. In the process of so doing, the opinion in Losch v. Nationtar Mortgage LLC provided litigants some key insights in Fair...more

Eleventh Circuit Holds Commonplace Use of Letter Vendors May Violate FDCPA and Further Expands Consumer Standing in Huntstein v....

To start with the headline, on April 21, 2021, the Eleventh Circuit Court of Appeals held that a debt collector sending personal identifying information to dunning letter vendors states a claim under the Fair Debt Collection...more

Court Limits Scope of Midland Funding and Imports State Law Penalties for Bankruptcy Filings

In Midland Funding, LLC v. Johnson, 137 S.Ct. 1407 (2017), the U.S. Supreme Court held that filing a proof of claim for a debt subject to a limitations defense does not violate the FDCPA, at least in the vast majority of...more

Plain-text reading of TCPA prevails in Facebook, SCOTUS says autodialers must store or produce numbers using a random or...

Few decisions in the world of the Telephone Consumer Protection Act (“TCPA”) have been more awaited than Facebook, Inc. v. Duguid, 592 U.S. — (2021). There, the Supreme Court of the United States (“SCOTUS”) wrestled with the...more

The Eleventh Circuit Continues to Build on Article III Standing Requirement

In early November, we wrote about a new Eleventh Circuit decision on Article III standing law which directly held that it was not enough to allege a statutory violation and instead there must be a concrete injury to sustain...more

Giving Teeth to Article III Standing Requirements in the Eleventh Circuit.

The federal courts have been struggling for several years to clarify Article III standing law. Is it enough that a plaintiff satisfy the elements of a federal consumer protection statute? ...more

FDCPA Plaintiff Lacks Standing to Bring Class Action for Validation Letter

In Pozzuolo v. Portfolio Recovery Associates, LLC, the Eastern District of Pennsylvania recently dismissed the named plaintiff of a putative class action for lack of standing to bring suit. ...more

The FDCPA’s Un—Or Least—Sophisticated Consumer Still Has a Burden of Proof

And now for something completely different:  Lemke v. Escallate, LLC, No. 17-cv-5234 (N.D. Ill. Mar. 19, 2019).  Although some case law out of Illinois may make one question whether to collect debts there, this case...more

Eleventh Circuit Rules that Express Threat of Litigation Not Required to Implicate FDCPA

On April 5, 2019, in Holzman v. Malcom S. Gerald & Assocs., Inc., 2019 WL 1495642, the Eleventh Circuit held that an express threat of litigation is not required to state a claim under the Fair Debt Collection Practices Act...more

Doesn’t Matter if You Didn’t Put a Ring On It: Ringless Voicemails Are “Calls” Under the TCPA

The Southern District of Florida recently ruled that ringless voicemails (RVM) are “calls” under the Telephone Consumer Protection Act (TCPA). In Schaevitz v. Braman Hyundai, No. 1:17-cv-23890 (S.D. Fla. Mar. 25, 2019) the...more

You Don’t Get Something For Nothing

The prospect of attorneys’ fees is often a major factor in strategy and, in particular, settlement. Defendants sometimes pay more up front just to avoid “running up” plaintiff’s counsel’s fees. ...more

“Maybe You Just Shouldn’t Collect Debts in Illinois”

Two weeks ago, we attended the ACA International Annual Convention in Nashville. One of the more interesting discussions focused on compliance lessons creditors and debt collectors can take away from recent court decisions....more

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