Following the Supreme Court’s ruling in Spokeo, Inc. v. Robins, 136 S. Ct. 1540 (U.S. May 16, 2016), it is clear that “Article III standing requires a concrete injury even in the context of a statutory violation,” such that a...more
7/12/2016
/ Article III ,
Cell Phones ,
Corporate Counsel ,
Debt Collection ,
Delinquent Borrowers ,
Fair Credit Reporting Act (FCRA) ,
Injury-in-Fact ,
Invasion of Privacy ,
Nuisance ,
Popular ,
Right to Privacy ,
SCOTUS ,
Spokeo ,
Spokeo v Robins ,
Standing ,
Summary Judgment ,
TCPA ,
Wells Fargo
In a much-anticipated decision, the United States Supreme Court ruled on Monday in Spokeo, Inc. v. Robins, No. 13-1339, 2016 WL 2842447 (May 16, 2016), that a consumer cannot bring a lawsuit in federal court based only on a...more
5/18/2016
/ Article III ,
Class Action ,
Consumer Reporting Agencies ,
Fair Credit Reporting Act (FCRA) ,
FDCPA ,
Injury-in-Fact ,
SCOTUS ,
Spokeo v Robins ,
Standing ,
Statutory Damages ,
TCPA
The writing was on the wall following Justice Elena Kagan’s dissent in Genesis Healthcare Corp. v. v. Symczyk, 133 S. Ct. 1523 (2013), wherein Justice Kagan blasted the view that an unaccepted offer of complete relief made to...more
Following the Supreme Court’s ruling in Jerman v. Carlisle, McNellie, Rini, Kramer & Ulrich LPA, 559 U.S. 573 (2010), it is clear that the bona fide error defense set forth in section 1692k(c) of the Fair Debt Collection...more
8/19/2015
/ Banking Sector ,
Banks ,
Consumer Lenders ,
Credit Cards ,
Debt Collection ,
Debt Collectors ,
FDCPA ,
Financial Institutions ,
Midland Funding ,
SCOTUS ,
Statute of Limitations ,
Summary Judgment