Alan Leeth

Burr & Forman

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

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

11/30/2018 / Appeals , Corporate Counsel , Debt Collection , Failure To State A Claim , FDCPA , Financial Services Industry , Medical Debt , Written Notice

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

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

9/27/2017 / Appeals , Corporate Counsel , Debt Collection , Disclosure Requirements , FDCPA , Financial Services Industry , Miranda Warnings , Motion to Dismiss , Required Communications , Third-Party Service Provider , Voicemail

Third Circuit Remands “Meaningful Attorney Review” FDCPA Decision with Instruction to Consider Article III Standing Under Spokeo,...

The Supreme Court’s ruling in Spokeo, Inc. v. Robins, 136 S. Ct. 1540 (U.S. May 16, 2016), continues to have a substantial impact on federal courts, especially with respect to alleged statutory violations of the Fair Debt...more

8/3/2016 / Article III , Corporate Counsel , Debt Collection , Debt Collectors , FDCPA , Spokeo v Robins , Standing , Summary Judgment

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