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Recently, the U.S. District Court for the District of New Jersey granted defendant debt collectors’ motion to dismiss a FDCPA class action without prejudice. In 2016, the defendants obtained the plaintiff’s credit card debt...more
The Roundup is a monthly publication that covers the previous month’s notable class action decisions from federal appellate courts, as well as notable Supreme Court cert petitions related to class actions....more
In Barclift v. Keystone Credit Services, LLC, the Philadelphia-based United States Court of Appeals for the Third Circuit determined that a Consumer did not have standing to sue under Fair Debt Collection Practices Act...more
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
On November 22, the Third Circuit Court of Appeals issued a decision finding that the plaintiff lacked Article III standing in a putative class action brought under the Fair Debt Collection Practices Act (FDCPA)....more
On October 12, the U.S. Court of Appeals for the Third Circuit issued a decision rejecting a district court’s finding that the so-called informational injury doctrine established Article III standing for the named plaintiff...more
The U.S. Court of Appeals for the Seventh Circuit has ruled that a plaintiff in a putative class action had standing to assert FDCPA claims against the purchaser of her debt and the purchaser’s servicer based on the $3.95 she...more
Substantial Compliance with Contract- American Bus. Investments, LLC v. Shaeena & Allos, LLC, 6th Dist. Lucas, 2023-Ohio-739. In this appeal, the Sixth Appellate District affirmed the trial court’s decision to grant...more
On February 24, the U.S. Court of Appeals for the Eighth Circuit vacated and remanded the dismissal of a class action lawsuit concerning a medical collection letter that listed amounts due but did not distinguish between the...more
The Seventh Circuit rejected emotional distress and other intangible injuries as a basis for Article III standing in a class action seeking statutory damages under the Fair Debt Collection Practices Act (FDCPA). In Pierre v....more
A recent decision in the 3rd Circuit should prompt debt collectors to review their inclusion of viewable bar codes, QR codes or other technologies when sending debt collection letters. In the wake of Hunstein v....more
The Need for Compensable Damage to Prove Standing - The United States Supreme Court has issued a decision in Spokeo v. Robbins. In this Fair Credit Reporting Act (FCRA) case, the Supreme Court considered whether Congress...more
Colloquially known as the ‘‘Rocket Docket,’’ the Eastern District of Virginia (‘‘EDVA’’) has been the speediest federal court for civil trials since 2008, according to the annual data compiled by the Administrative Office of...more
Financial Services Update - FCCPA and FDCPA: The plaintiff did not demonstrate a genuine issue of material fact that medical providers and their attorney violated the FCCPA and FDCPA by conditioning medical services on a...more
Real Property Update - Foreclosure / Statute of Limitations: default notice pursuant to paragraph 22 of subject mortgage may include amounts accrued outside five-year statute of limitations – U.S. Bank, Nat’l Ass’n v....more
In a precedential opinion, the U.S. Court of Appeals for the Third Circuit concluded that a plaintiff in a class action complaint had Article III standing and was properly awarded summary judgment when a debt collector sent...more
Last month, the Sixth Circuit in Macy et al v. GC Services Ltd Partnership unanimously upheld certification of a class under the Fair Debt Collection Practices Act (FDCPA), despite arguments that the named plaintiffs failed...more
Foreclosure / Amendments to Conform to Evidence: trial court erred in allowing Wells Fargo to amend its complaint during trial to conform to evidence presented of two unpled modification agreements – Tracey v. Wells Fargo...more
We’ve already written about Spokeo, Inc. v. Robins, 136 S. Ct. 1540 (2016), in which the Supreme Court reaffirmed that all federal plaintiffs, even those alleging a statutory violation, must have suffered a real, concrete...more
On March 14, 2018, Judge Jorge Alonso of the United States District Court for the Northern District of Illinois issued a lengthy opinion in McMahon v. LVNV Funding, LLC, 12 C 1410, 2018 WL 1316736, granting summary judgment...more
With the year ending, and McGuireWoods’s webinar next week on class actions’ Hot Issues of 2017 approaching, this seems like a good time to take note of a few of the trends we have seen arising in class actions over the last...more
By now, most litigators and in-house counsel have at least some familiarity with the Supreme Court’s decision in Spokeo, Inc. v. Robins, which reiterated that Article III standing requires an “injury-in-fact” that is both...more
REAL PROPERTY UPDATE - - Constructive Notice: a memorandum of agreement that is recorded in the official records of the county in which the property is located and refers to an unrecorded agreement entered into by the...more
In May 2016, the U.S. Supreme Court ruled on whether the Fair Credit Reporting Act ("FCRA") created a right confering Article III standing for plaintiffs in consumer litigation. The decision, Spokeo, Inc. v. Robins, 136 S.Ct....more
The Ninth Circuit held that a magistrate judge was not required to obtain the consent of absent class members to approve a settlement in a Fair Debt Collection Practices Act (FDCPA) case and to enter a final judgment after...more