News & Analysis as of

Standing Corporate Counsel Debt Collection

Carlton Fields

Classified Monthly: A Roundup of Class Action Decisions From Federal Appellate Courts - February 2024

Carlton Fields on

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

Locke Lord LLP

A Stunning Opinion on “Dunning” ‎Letters: Revised Opinion Following En Banc Review

Locke Lord LLP on

In a revised opinion issued September 8, 2022, an en banc panel of the Eleventh Circuit Court of Appeals reversed last year’s controversial opinion which potentially spelled trouble for debt collectors utilizing third-party...more

Baker Donelson

In Reversing Hunstein, the Eleventh Circuit Stands Firm on Standing, But Other Questions Remain

Baker Donelson on

On September 8, 2022, following an en banc review, the Eleventh Circuit issued its much-awaited new decision in the Hunstein v. Preferred Collection and Management Services action, which involves a claimed violation of the...more

Womble Bond Dickinson

Tenth Circuit Applies TransUnion v. Ramirez To Find Standing In Single-Call Debt Collection Case

Womble Bond Dickinson on

The U.S. Supreme Court’s recent TransUnion v. Ramirez decision on Article III standing was discussed at length and applied by the Tenth Circuit Court of Appeals in Lupia v. Medicredit, Inc., --- F. 4th ---, 2021 WL 3627103...more

Burr & Forman

Sixth Circuit Dismisses FDCPA Voicemail Case For Lack of Standing

Burr & Forman on

In line with the recent trend of courts giving increased scrutiny to standing in consumer finance cases, the Sixth Circuit Court of Appeals dismissed an appeal this week under the Fair Debt Collection Practices Act (“FDCPA”)...more

McGuireWoods LLP

TCPA Standing: A New Circuit Split and Other Developments

McGuireWoods LLP on

Two U.S. Circuit Courts of Appeals recently weighed in on what it takes to establish standing to pursue a Telephone Consumer Protection Act (TCPA) claim. The 5th Circuit held that receipt of one unwanted text message is...more

Goodwin

Seventh Circuit Yet Again Reaffirms Spokeo Principle That Bare FDCPA Violation Is Not Actionable

Goodwin on

On May 14, 2021, the Seventh Circuit United States Court of Appeals issued a decision reaffirming the rule from “a slew of cases” that, without injury, a Fair Debt Collection Practices Act (FDCPA) claim alleging a bare...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

Eversheds Sutherland (US) LLP

Dialing In: TCPA Top 5 Issues for 2021

Will anything stop the continuing barrage of class action lawsuits under the Telephone Consumer Protection Act (TCPA)? In 2020, TCPA lawsuits remained one of the most commonly-filed type of class action in federal courts...more

Goodwin

Applying Spokeo, 6th Circuit Dismisses FDCPA Suit

Goodwin on

On February 16, 2018, the 6th Circuit, in Hagy v. Demers & Adams (882 F.3d 616 (6th Cir. Feb. 16, 2018)), found that a former borrower did not have standing to assert a claim under the Fair Debt Collection Practices Act...more

Locke Lord LLP

Pierre v. Midland Credit: Three Significant Lessons for Debt Collectors

Locke Lord LLP on

On February 5, 2018, debt collectors took a significant defeat in the United States District Court for the Northern District of Illinois in Pierre v. Midland Credit Management, Inc., 1:16-cv-02895. Judge Henry D. Leinenweber...more

Smith Debnam Narron Drake Saintsing & Myers,...

Fourth Circuit Weighs in on Article III Standing

The Fourth Circuit recently examined the issue of Article III standing in the context of the FDCPA. In Ben-Davies v. Blibaum & Associates, P.A., 2017 U.S. App. LEXIS 9667 (4th Cir. June 1, 2017), the consumer sought to...more

Ballard Spahr LLP

Envelope’s Display of Barcode With Embedded Account Number Does Not Violate FDCPA, Court Rules

Ballard Spahr LLP on

A federal district court in Florida has ruled that a debt collector did not violate the Fair Debt Collection Practices Act (FDCPA) by sending a collection letter in an envelope that allegedly revealed a barcode in which the...more

Ballard Spahr LLP

California Federal Court Dismisses TCPA Claims for Lack of Article III Standing

Ballard Spahr LLP on

A plaintiff did not have Article III standing to assert claims under the Telephone Consumer Protection Act (TCPA) for alleged autodialed calls made to her without her consent, a California federal district court recently...more

Davis Wright Tremaine LLP

Where’s the (TCPA) Harm in That?

Following the U.S. Supreme Court’s ruling in Spokeo v. Robins that plaintiffs must allege a concrete and particularized injury to meet Article III standing requirements, federal district courts across the country are...more

Burr & Forman

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

Burr & Forman on

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

Burr & Forman

District Court Holds Professional Plaintiff Lacks Article III Standing to Bring TCPA Action Under Supreme Court’s Spokeo, Inc. v....

Burr & Forman on

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

17 Results
 / 
View per page
Page: of 1

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide