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Posts tagged as “Eighth Circuit”

8th Cir. Holds Text Marketing System Was Not ATDS Under TCPA

Following the Supreme Court of the United States ruling in Facebook, Inc. v. Duguid, the U.S. Court of Appeals for the Eighth Circuit recently affirmed the rulings of multiple trial courts to grant summary judgment in favor of the defendants, holding that an automated marketing system that sends promotional text messages to phone numbers randomly selected from a database of customers' information is not an automated telephone dialing system (ATDS) under the federal Telephone Consumer Protection Act.

8th Cir. Holds FDCPA Plaintiff Lacked Article III Standing in Garnishment Communication Case

The U.S. Court of Appeals for the Eighth Circuit recently reversed a trial court’s judgment in favor of a consumer for claims of alleged violation of the federal Fair Debt Collection Practices Act, finding that the consumer lacked Article III standing to bring his claim in federal court as the consumer failed to allege or later show a concrete injury in fact.

8th Cir. Affirms Denial of Class Cert in UDAP Case

The U.S. Court of Appeals for the Eighth Circuit recently affirmed a trial court's denial of class certification, concluding that (1) the plaintiffs' nationwide class action complaint alleged violations of the Minnesota Consumer Fraud Act, and thus rebuttal evidence was permitted; (2) the defendant company had evidence challenging the extent to which each plaintiff allegedly relied on the alleged omissions; and (3) individualized findings on reliance were therefore required, which would likely lead to multiple mini-trials within the class action.

8th Cir. BAP Reverses Chapter 12 Plan Confirmation for Lack of Evidentiary Hearing on Disputed Collateral Values

The U.S. Bankruptcy Appellate Panel for the Eighth Circuit vacated the bankruptcy court's order confirming a farm debtor's chapter 12 plan, concluding that the bankruptcy court erred by failing to hold an evidentiary hearing to determine the value of a bank's collateral where the collateral was disputed. The Panel also concluded that the bank needed to file a proof of claim.

8th Cir. Holds No FDCPA Violation When Debt Collector Failed To Meet Its Evidentiary Burden in Collection Lawsuits

The U.S. Court of Appeals for the Eighth Circuit recently affirmed a trial court’s dismissal of the plaintiffs' claims in consolidated cases brought under the federal Fair Debt Collection Practices Act against a debt collector law firm, after the debt collector law firm failed to meet evidentiary burdens in various collection lawsuits.

8th Cir. Confirms Court Costs and Attorney’s Fees Not Sufficient for Actual Damages Under RESPA or MOSLA

The U.S. Eighth Circuit Court of Appeals recently upheld a trial court's summary judgment ruling against a borrower on a claim alleging a violation of the Minnesota Mortgage Originator and Servicer Licensing Act (MOSLA) due to his failure to prevail on his claims asserted under the federal Real Estate Settlement Procedures Act (RESPA) upon which the borrower's MOSLA claims were predicated.