News & Analysis as of

Vendors Fair Debt Collection Practices Act

Troutman Pepper

Florida State Court Dismisses Letter Vendor Claim for Lack of Standing

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In Scott v. Collecto, Inc., the plaintiff filed a complaint in state court alleging a violation of the Fair Debt Collection Practices Act (FDCPA) and common law negligence based on the defendant’s use of a letter vendor to...more

Burr & Forman

Third Circuit Weighs in on Mailing Vendors in Debt Collection and Article III Standing

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The Third Circuit Court of Appeal recently weighed in on the burgeoning number of cases alleging that debt collector use of mailing vendors requires communication with a third party about consumer debt that violates the Fair...more

Balch & Bingham LLP

Seventh Circuit Rules Disclosure Of Personal Information To Vendor Is Not An Injury - (Transcript)

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In this episode of Consumer Finance Compass, Balch’s Jason Tompkins, partner in Balch & Bingham’s Consumer Finance Compliance & Defense Practice, explores the Seventh Circuit’s new decision ruling that the disclosure of...more

Troutman Pepper

Transmission of Consumer Information to Vendor May Constitute Violation of FDCPA

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In Khimmat v. Weltman, Weinberg & Reis Co., LPA, No. 2:21-cv-02944-JDW, 2022 U.S. Dist. LEXIS 21076 (E.D. Pa. February 7, 2022), Weltman, Weinberg & Reis Co., LPA (Weltman), a law firm tasked with collecting the debt owed by...more

McGlinchey Stafford

The Real Story of Hunstein is the Enhanced Analysis, Not the Outcome

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On October 28, 2021, the Eleventh Circuit vacated its April 21, 2021 opinion (Hunstein I) that had sent shockwaves through the debt collection industry and substituted a new Opinion (Hunstein II) in its place...more

Burr & Forman

Eleventh Circuit Withholds Mandate in Hunstein v. Preferred Collection and Management Services, Inc.

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On June 14, 2021, the Eleventh Circuit Court of Appeals issued a one-line order stating that the Court was withholding issuance of the mandate in Hunstein v. Preferred Collection and Management Services, Inc....more

Ballard Spahr LLP

Debt collector asks 11th Cir. for en banc review of decision applying FDCPA restriction on third-party communications to debt...

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Last month, in a very troubling decision of first impression, a unanimous panel of the U.S. Court of Appeals for the Eleventh Circuit reversed the lower court’s dismissal of the plaintiff’s FDCPA claim, instead ruling that...more

Adams and Reese LLP

Eleventh Circuit Renews the FDCPA as a Consumer Privacy Statute; Deals Major Blow to Debt Collection Services Industry

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Does the federal Fair Debt Collection Practices Act (the FDCPA) apply to communications between a debt collector and its vendors? And, is the FDCPA a consumer privacy statute?  In an apparent issue of first impression, the...more

Fox Rothschild LLP

Circuit Court: Use Of Third-Party Mailing Vendors By Debt Collectors And Creditors Violates Federal Law

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In a decision sending shockwaves through the debt-collection and mailing industries, the U.S. Court of Appeals for the 11th Circuit ruled last week that a debt collection company violated the Fair Debt Collection Practices...more

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