Frank Springfield

Frank Springfield

Burr & Forman

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CFPB Issues Sweeping and Unprecedented Rulemaking Proposals Seeking to “Drastically Overhaul Debt Collection Market”; Proposals...

Early in the morning on July 28, 2016, in coordination with the Consumer Financial Protection Bureau’s (the “Bureau”) field hearing on debt collection being held the same day in Sacramento, California, the Bureau released a...more

7/29/2016 - CFPB Consumer Financial Products Consumer Lenders Debt Buyers Debt Collection Debt Collectors Dodd-Frank FDCPA Limited English Proficiency (LEP) Notification Requirements Third-Party Service Provider

Ninth Circuit Holds Each Debt Collector Must Send a 1692g Validation Notice, Even If Previously Provided By Another Debt Collector...

In Hernandez v. Williams, Zinman & Parham PC, No. 14-15672, — F.3d –, 2016 WL 3913445 (9th Cir. July 20, 2016), the Ninth Circuit Court of Appeals held that each subsequent debt collector is required to send a § 1692g(a)...more

7/27/2016 - Appeals Borrowers Debt Collection Debt Collectors FDCPA Financial Sector Notification Requirements

Supreme Court Vacates Ninth Circuit’s Decision in Spokeo, Inc. v. Robbins, Holds “Bare Procedural Violation” of FCRA Does Not...

In a much-anticipated decision, the United States Supreme Court ruled on Monday in Spokeo, Inc. v. Robins, No. 13-1339, 2016 WL 2842447 (May 16, 2016), that a consumer cannot bring a lawsuit in federal court based only on a...more

5/18/2016 - Article III Class Action Consumer Reporting Agencies FCRA FDCPA Injury-in-Fact SCOTUS Spokeo v Robins Standing Statutory Damages TCPA

Florida District Court Holds Calling System Sufficiently Configured to Avoid TCPA Liability

As lawsuits asserting claims under the Telephone Consumer Protection Act, 47 U.S.C. § 227 (the “TCPA”), continue to rise in the wake of the consumer-friendly Declaratory Ruling and Order issued by the Federal Communications...more

4/6/2016 - ATDS Auto-Dialed Calls Cell Phones Corporate Liability Debt Collection FCC FCCPA FDCPA Robocalling Summary Judgment TCPA Verizon

Eleventh Circuit: Entity Collecting Debt Acquired After Default Is Not Necessarily “Debt Collector” Under FDCPA

In Davidson v. Capital One Bank (USA), N.A., a case closely followed by the financial services industry and handled by Burr & Forman, LLP, the Eleventh Circuit held that an entity collecting a debt that was acquired after...more

8/25/2015 - Capital One Debt Collection Debt Collectors FDCPA Financial Institutions HSBC

FDCPA Bona Fide Error Defense Held Applicable to Statute-of-Limitation Mistakes of Law

Following the Supreme Court’s ruling in Jerman v. Carlisle, McNellie, Rini, Kramer & Ulrich LPA, 559 U.S. 573 (2010), it is clear that the bona fide error defense set forth in section 1692k(c) of the Fair Debt Collection...more

8/19/2015 - Banking Sector Banks Consumer Lenders Credit Cards Debt Collection Debt Collectors FDCPA Financial Institutions Midland Funding SCOTUS Statute of Limitations Summary Judgment

The Debt Collection Industry And The CFPB: The Beginning Of A Supervisory Relationship And Specific Concerns For Attorneys

Originally Published in ABA's Business Law Today - March 2013. Prior to the enactment and implementation of Title X of the Dodd-Frank Act (Pub. L. No. 111-203, 124 Stat. 1376 (2011)), the actions of the nation's large...more

3/25/2013 - CFPB Debt Collection Dodd-Frank FDCPA FTC

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