On their own initiative, the active judges of the U.S. Court of Appeals for the Eleventh Circuit have taken a vote and will hear the appeal, en banc, in Hunstein v. Preferred Collection and Management Services, Inc.
Posts published in “FDCPA”
Fair Debt Collection Practices Act
Costumes, candy, and frightening movie sequels often mark the end of October. Just in time for Halloween, the U.S. Court of Appeals for the Eleventh Circuit released its own scary sequel with its substituted opinion in Hunstein v. Preferred Collection and Management Services, Inc.
The U.S. Court of Appeals for the Eleventh Circuit issued an opinion today vacating its earlier decision in Hunstein v. Preferred Collection and Management Services, Inc. and issued a new opinion that does not provide a “quick fix” for the credit and collection industry.
The U.S. Court of Appeals for the Seventh Circuit recently affirmed judgment in a debt collector’s favor against claims that its efforts to collect attorney’s fees incurred to collect a debt — including the fees incurred in collecting the attorney’s fees — violated the federal Fair Debt Collection Practices Act.
The U.S. Court of Appeals for the Seventh Circuit recently reversed and remanded a trial court’s entry of summary judgment in favor of the plaintiff alleging violations of the federal Fair Debt Collection Practices Act with instructions to dismiss the case for lack of subject matter jurisdiction.
The U.S. Court of Appeals for the Sixth Circuit recently reversed a trial court order granting summary judgment in favor of the defendant on a consumer’s claim that the defendant violated the federal Fair Debt Collection Practices Act.
Scolding plaintiff’s attorneys who “manipulate” the FDCPA for their own personal gain, U.S. District Judge Gary R. Brown on July 23 issued an opinion in a consolidated matter dismissing multiple complaints alleging debt collectors violated the FDCPA by transmitting consumer information to lender vendors engaged to print or send dunning letters.
The U.S. Court of Appeals for the Eighth Circuit recently affirmed entry of summary judgment in favor of a mortgage servicer against a borrower’s claims that it violated the federal Fair Debt Collection Practices Act (FDCPA).
On June 25, 2021, the Supreme Court of the United States held that a plaintiff must suffer a concrete injury resulting from a defendant’s statutory violation to have Article III standing to pursue damages from that defendant in federal court. The Court also held that plaintiffs in a class action must prove that every class member has standing for each claim asserted and for each form of relief sought.
The U.S. Court of Appeals for the Second Circuit recently held that a collection notice that provided settlement payment options but did not state that the balance may increase due to interest and fees, did not violate the Fair Debt Collection Practices Act’s prohibition against false, deceptive, or misleading representation or means in connection with the collection of any debt.
The U.S. Court of Appeals for the Eighth Circuit recently affirmed summary judgment in favor of debt collectors over claims of purported violations of the federal Fair Debt Collection Practices Act.
On April 21, the U.S. Court of Appeals for the Eleventh Circuit issued a decision holding that the transmittal of consumer information to a letter vendor constitutes a communication with an unauthorized third party in connection with the collection of a debt in violation of 15 U.S.C. § 1692c(b).