News & Analysis as of

Debtors Fair Debt Collection Practices Act Appeals

Womble Bond Dickinson

CFPB Files Amicus Brief in FDCPA Appeal

Womble Bond Dickinson on

This month, the Consumer Financial Protection Bureau (CFPB) started the new year by filing an amicus brief in an ongoing appeal in the First Circuit focusing on an interpretation of the Fair Debt Collection Practices Act...more

McDermott Will & Emery

Temporary Relief for Debt Collectors: 11th Circuit Withholds Hunstein Mandate

On June 14, 2021, the US Court of Appeals for the 11th Circuit issued an order withholding issuance of the mandate for its April 21, 2021, holding in Hunstein v. Preferred Collection and Management Services, Inc. In Hunstein,...more

Bradley Arant Boult Cummings LLP

New Federal Appellate FDCPA Decision Threatens to Upend Debt Collection and Loan Servicing

On April 21, 2021, the U.S. Court of Appeals for the Eleventh Circuit issued a decision that threatens significant consequences for a variety of loan servicing and debt collection industries. The upshot of the court’s holding...more

Hinshaw & Culbertson - Consumer Crossroads

Uniformity Achieved: Third Circuit Rules There is No Written Requirement to Dispute Validity of a Debt Under FDCPA

The Third Circuit Court of Appeals issued an en banc decision in Riccio v. Sentry Credit, overturning Graziano v. Harrison, after finding that there is no written dispute requirement in Section 1692g(a)(3) of the Fair Debt...more

Hinshaw & Culbertson LLP

Second Circuit Re-Emphasizes that FDCPA Claims Must Allege a Material Representation

Hinshaw & Culbertson LLP on

The Second Circuit Court of Appeals recently took the opportunity to apply its 2018 holding in Cohen v. Rosicki, which had held that a consumer pursuing a claim for violation of Fair Debt Collection Practices Act (FDCPA) must...more

Burr & Forman

11th Circuit Clarifies FDCPA/FCCPA Issues Re Periodic Mortgage Statements After Bankruptcy

Burr & Forman on

In Helman v. Bank of America, 15-13672, 2017 WL 1350728 (11th Cir. April 12, 2017) the Eleventh Circuit Court of Appeal clarified important issues regarding the use of periodic mortgage statements after a bankruptcy...more

Hinshaw & Culbertson LLP

Consumer Financial Services Newsletter - August 2016

Seventh Circuit Rules: Filing a Proof of Claim for Old Debt Is Okay — Circuits Split - Owens et al. v. LVNV Funding LLC et al., Nos. 15-2044, 15-2082, 15-2109 (7th Cir. Aug.10, 2016) - In Owens v. LVNV Funding LLC,...more

Bradley Arant Boult Cummings LLP

Debt Buyers Should Exhaust All Avenues When Investigating Credit Report Disputes

Last week, the 11th Circuit issued an opinion reversing and remanding a prior decision from the United States District Court for the Southern District of Georgia related to the proper verification of debts when a consumer...more

Ballard Spahr LLP

Maryland Appeals Court Declines to Adopt “Meaningful Attorney Involvement” Standard

Ballard Spahr LLP on

The Maryland Court of Special Appeals recently declined to adopt the “meaningful attorney involvement” standard for Fair Debt Collection Practices Act (FDCPA) claims based on alleged insufficient attorney involvement in debt...more

Burr & Forman

Eleventh Circuit: While FDCPA Applies to Litigation Activity, Higher Standard May Be Required to Establish Violation

Burr & Forman on

On Tuesday, the Eleventh Circuit Court of Appeals expanded the scope of conduct that is actionable under the Fair Debt Collection Practices Act (“FDCPA”) to include communications directed to a debtor’s attorney. However, the...more

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