Zachary Miller

Zachary Miller

Burr & Forman

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Eleventh Circuit: While FDCPA Applies to Litigation Activity, Higher Standard May Be Required to Establish Violation

On Tuesday, the Eleventh Circuit Court of Appeals expanded the scope of conduct that is actionable under the Fair Debt Collection Practices Act (“FDCPA”) to include communications directed to a debtor’s attorney. However, the...more

7/2/2015 - Appeals Attorney Communications Debtors FDCPA

FCC’s TCPA “Fact Sheet” Provides Little Hope for Relief Sought by Businesses

For several years, numerous businesses and industry groups have petitioned the Federal Communications Commission (“FCC”) to provide clarity to the Commission’s prior interpretations of the Telephone Consumer Protection Act...more

6/1/2015 - Cell Phones FCC Prior Express Consent TCPA Trade Associations

U.S. Supreme Court to Use TCPA to Determine Power of Rule 68 Offers of Judgment

Three weeks ago, the U.S. Supreme Court raised eyebrows when it granted certiorari in Spokeo, Inc. v. Robins, — S.Ct. —, 2015 WL 1879778 (Apr. 27, 2015), where it appears the Court will decide whether a consumer has...more

5/19/2015 - Campbell Ewald v Gomez Imminent Harm Mootness Offer of Judgment Putative Class Actions Rule 68 SCOTUS Spokeo v Robins Standing TCPA

Burr Commentary: Will the U.S. Supreme Court Use Robins v. Spokeo to Finally Address “Standing” in the Absence of Actual Injury?

Since the Constitution was ratified, 226 years ago, potential plaintiffs have been required to first establish that they have a “case or controversy” before a court can consider the merits of any legal claim. As the U.S....more

4/30/2015 - Article III Class Action FCRA Federal Jurisdiction Imminent Harm Private Right of Action SCOTUS Spokeo v Robins Statutory Damages

Banking & Financial Services E-Note - October 2014

In This Issue: - Obama Issues Order to Improve Data Security - Fed Official Calls for U.S. to Stop Bailing Out Banks - Global Regulators Crack Down on Shadow Banking to Curb Risks - CFPB Reports...more

10/28/2014 - Apple Apple Pay Banking Sector Banks Barack Obama CFPB Cybersecurity Executive Orders Federal Reserve Financial Institutions Shadow Banking Student Loans

Banking & Financial Services E-Note - April 25, 2013

In This Issue: - Regulators Could Step in with Tougher Rules as Bank Profits Rise - Bill Would Force Study of Basel III Impact on Bank Capital Costs - Regulator Wants Enforcement Powers Against Bank...more

4/26/2013 - Barack Obama CFPB Compliance Cyber Attacks Cybersecurity Enforcement Extensions FDIC Federal Reserve Living Will Loans Mortgages Profits SEC Small Business

Banking & Financial Services E-Note - March 28, 2013

In This Issue: - Global Banking Group Calls for Several Rates to Replace Libor - U.S. Applies Money-Laundering Rules to "Virtual Currencies" - SEC Says Big Banks Don't Have to Hold Shareholder Break-Up Votes -...more

4/3/2013 - CFPB Credit Unions Libor Loans Money Laundering SEC Shareholder Votes Small Business Student Loans TARP Virtual Currency

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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