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In Reversing Hunstein, the Eleventh Circuit Stands Firm on Standing, But Other Questions Remain

On September 8, 2022, following an en banc review, the Eleventh Circuit issued its much-awaited new decision in the Hunstein v. Preferred Collection and Management Services action, which involves a claimed violation of the...more

The Impact of the TransUnion Decision on Future Class Actions

On June 25, 2021, the Supreme Court issued a significant ruling for businesses in TransUnion LLC v. Ramirez, validating TransUnion's standing challenge to class claims that it violated the Fair Credit Reporting Act (FCRA)....more

New Limits on Predictive Dialers: Florida Enacts Its Version of the TCPA

On April 1, 2021, the Supreme Court issued its decision in Facebook, Inc. v. Duguid, resolving a circuit split and establishing that in order for a dialing system to be considered an automatic telephone dialing system (ATDS)...more

Hunstein on Rehearing – Revisiting Article III Standing in the Eleventh Circuit

On April 21, 2021, the Eleventh Circuit Court of Appeals issued its decision in Richard Hunstein v. Preferred Collection and Management Services, Inc., and potentially created a new claim under the Fair Debt Collection...more

Common Use of Third-Party Mail Vendors is Actionable Under the FDCPA

In its just-released decision, the Eleventh Circuit Court of Appeals has potentially created a new claim under the Fair Debt Collection Practices Act (FDCPA). In Richard Hunstein v. Preferred Collection and Management...more

SCOTUS Weighs in on the TCPA, Narrows Autodialer Definition

In its newly released decision in Facebook, Inc. v. Duguid, the Supreme Court of the United States (SCOTUS), in an opinion authored by Justice Sotomayor, issued a long-awaited ruling resolving a circuit split on the...more

Eleventh Circuit Delivers Crushing Blow to Single-Text TCPA Plaintiffs

As thousands of actions under the Telephone Consumer Protection Act (TCPA), and particularly putative class actions involving the TCPA, continue to be filed throughout the country, the Eleventh Circuit has issued a...more

Supreme Court Resolves Circuit Split Over TILA Rescissions Limitations Period

The United States Supreme Court ruled yesterday that a borrower relying on the Truth in Lending Act (TILA) to rescind his mortgage loan need only mail written notice of his intent to his lender within three years of the...more

CFPB Takes Action for Deceptive Advertisement of "Free Checking"

Although the CFPB has focused its rulemaking and enforcement actions on mortgage servicing and lending, it recently entered into a consent order with M&T Bank regarding the deceptive advertising of free checking. The...more

Foreclosure Notice Which States that Servicer has Authority to Amend or Modify the Loan May Not Satisfy Georgia Law

Eight months ago, we sent a client alert when the Georgia Supreme Court released its opinion responding to questions certified by the U.S. District Court for the Northern District of Georgia in You v. J.P. Morgan Chase Bank,...more

A New Frontier: Preparing for Litigation Under the Ability to Repay Rule

On January 10, 2014, the Consumer Financial Protection Bureau's (CFPB) new Mortgage Servicing Guidelines became effective. One of the more drastic changes under the guidelines is the new "Ability to Repay" rule. This rule...more

CFPB Implements New Mortgage Disclosure Rules and Forms

The CFPB issued its "Know Before You Owe" rule on November 20, 2013. The center pieces of the rule are the Loan Estimate form, which replaces the early Truth in Lending statement; and the Good Faith Estimate and the Closing...more

Impasse on CFPB Director Resolved

One of the most unsettled issues facing mortgage servicers and lenders has been the uncertainty regarding the host of new regulatory rules regarding loan servicing and origination set to go into effect on January 10, 2014....more

Georgia's Long-Awaited Ruling Finds in Favor of Lenders

Today, the Georgia Supreme Court, in You v. JP Morgan Chase Bank, N.A. et al., S13Q0040, held that the assignee of a security deed can conduct a non-judicial foreclosure sale without holding or owning the underlying...more

Important Update on Georgia Foreclosures

Last year, we alerted to you to a ruling by the Georgia Court of Appeals that altered the notice requirements for non-judicial foreclosure in Georgia. In that case, Reese v. Provident Funding Associates, the Georgia Court of...more

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