The Eleventh Circuit recently weighed in on a common practice—reporting debts subject to bankruptcy. In the process of so doing, the opinion in Losch v. Nationstar Mortgage LLC provided litigants some key insights in Fair Credit Reporting Act (“FCRA”) compliance
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Developments and Insights Impacting the Consumer Credit Industry
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Eleventh Circuit holds commonplace use of letter vendors may violate FDCPA and further expands consumer standing in Huntstein v. Preferred Collection
To start with the headline, on April 21, 2021, the Eleventh Circuit Court of Appeals held that a debt collector sending personal identifying information to dunning letter vendors states a claim under the Fair Debt Collection Practices Act (FDCPA). To…
Court Limits Scope of Midland Funding and Imports State Law Penalties for Bankruptcy Filings
In Midland Funding, LLC v. Johnson, 137 S.Ct. 1407 (2017), the U.S. Supreme Court held that filing a proof of claim for a debt subject to a limitations defense does not violate the FDCPA, at least in the vast…
Plain-text reading of TCPA prevails in Facebook, SCOTUS says autodialers must store or produce numbers using a random or sequential number generator
Few decisions in the world of the Telephone Consumer Protection Act (“TCPA”) have been more awaited than Facebook, Inc. v. Duguid, 592 U.S. — (2021). There, the Supreme Court of the United States (“SCOTUS”) wrestled with the ultimate TCPA…
Compelling Arbitration of TCPA Claims Alive and Well
Two recent opinions show that litigants should always determine whether compelling arbitration is viable tactic in fighting claims under the Telephone Consumer Protection Act (TCPA). In Fridman v. Uber Tech. Inc., two plaintiffs—one a former driver, the other a rejected…
TCPA Vicarious Liability Passes from Collector Through Servicer to Original Creditor
The Ninth Circuit Court of Appeals recently held that an original creditor was liable under the Telephone Consumer Protection Act (TCPA) for calls made by a debt collector with which the creditor had no contractual relationship. In Henderson v. United…
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…
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…