According to the Eleventh Circuit, a municipalities’ lawsuit alleging lost tax revenue and increased costs for services case proceed against several large lenders. In City of Miami v. Wells Fargo & Co., 2019 WL 1966943 (11th Cir. 2019), Miami
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CFPB Issues FDCPA Proposed Rule: A Detailed Overview
On May 7, 2019, the Consumer Financial Protection Bureau (CFPB) released a much anticipated proposed rule regarding the Fair Debt Collection Practices Act (FDCPA). The proposed rule marks a momentous development for debt collection and the accounts receivable management industry
FDCPA Plaintiff Lacks Standing to Bring Class Action for Validation Letter
In Pozzuolo v. Portfolio Recovery Associates, LLC, the Eastern District of Pennsylvania recently dismissed the named plaintiff of a putative class action for lack of standing to bring suit. Pozzuolo sought to represent a class of individuals who received validation
TCPA Insurance Coverage: A Glimmer of Hope?
In 2017, National Union Fire Insurance Co. of Pittsburg, Pa. successfully obtained dismissal of an insurance denial suit by Yahoo! brought in the U.S. District Court for the Northern District of California. In the suit (Case No. 5:17-cv-00447), Yahoo! alleged
Eleventh Circuit sua sponte vacates prior Spokeo opinion
The FDCPA’s Un—Or Least—Sophisticated Consumer Still Has a Burden of Proof
And now for something completely different: Lemke v. Escallate, LLC, No. 17-cv-5234 (N.D. Ill. Mar. 19, 2019). Although some case law out of Illinois may make one question whether to collect debts there, this case illustrates that just because a
Eleventh Circuit: No Express Threat Required
When attempting to collect time-barred debts, law firms often send standard letters which merely omit an express threat to sue. Earlier this month, the Eleventh Circuit held a least sophisticated consumer might view such a letter as an implicit threat
Eleventh Circuit Rules that Express Threat of Litigation Not Required to Implicate FDCPA
On April 5, 2019, in Holzman v. Malcom S. Gerald & Assocs., Inc., 2019 WL 1495642, the Eleventh Circuit held that an express threat of litigation is not required to state a claim under the Fair Debt Collection Practices Act
Supreme Court: FDCPA (sometimes) does not apply to nonjudicial foreclosures
In Obduskey v. McCarthy & Holthus, LLP, the United States Supreme Court unanimously held the Fair Debt Collection Practices Act does not apply to a law firm conducting a nonjudicial foreclosure.
While the law firm prevailed in Obduskey, the Court’s
Alabama Supreme Court changes course on validity of future-advance mortgages
In September 2018, the Alabama Supreme Court issued an opinion in GHB Constr. and Dev. Co., Inc. v. West Alabama Bank and Trust, No. 1170484, that caused considerable concern for Alabama lenders. The Court held that future-advance mortgages do not