News & Analysis as of

Invasion of Privacy Financial Services Industry

Ballard Spahr LLP

Sixth Circuit rules plaintiff’s receipt of one ringless voicemail provides standing for TCPA claim

Ballard Spahr LLP on

A unanimous panel of the U.S. Court of Appeals for the Sixth Circuit has ruled that a plaintiff who received only one ringless voicemail (RVM) had alleged a concrete injury sufficient to provide Article III standing to assert...more

Carlton Fields

New Year, New Privacy Shakedowns: Six Resolutions for Keeping Warm

Carlton Fields on

Class action privacy litigation’s icy grip tightened around financial services providers in late 2022, and the forecast shows no signs of melting. The plaintiffs’ creeping application of old law to new technologies is...more

Burr & Forman

Eleventh Circuit Clarifies Tests for Article III Standing, Changes Course on FDCPA and Mailing Vendors

Burr & Forman on

On September 8, 2022, in Hunstein v. Preferred Collection and Management Services, Inc. , No. 19-14434, the Eleventh Circuit Court of Appeals issued an en banc decision which departs significantly from the panel decision on...more

Burr & Forman

Eleventh Circuit Keeps Troublesome FDCPA Ruling Despite Rehearing, Dissent

Burr & Forman on

The Eleventh Circuit Court of Appeals has issued its ruling on the motion for rehearing in Hunstein v. Preferred Collection and Management Services, Inc., Case No. 19-14434 but most of the troublesome aspects of the Court’s...more

Manatt, Phelps & Phillips, LLP

Hunstein II: 11th Circuit Doubles Down on Dubious Conclusion That Mail Vendor Usage Violates FDCPA

In a surprise to many, an arguably rogue panel of the U.S. Court of Appeals for the Eleventh Circuit has now reaffirmed its earlier decision from Hunstein v. Preferred Collection, 994 F.3d 1341, holding that (1) a plaintiff...more

Burr & Forman

Sixth Circuit Dismisses FDCPA Voicemail Case For Lack of Standing

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In line with the recent trend of courts giving increased scrutiny to standing in consumer finance cases, the Sixth Circuit Court of Appeals dismissed an appeal this week under the Fair Debt Collection Practices Act (“FDCPA”)...more

Orrick, Herrington & Sutcliffe LLP

Third Circuit Affirms Summary Judgment for TCPA Defendant for Lack of Harm

On May 19, 2021, the United States Court of Appeals for the Third Circuit unanimously affirmed a district court’s decision granting summary judgment for Bank of America in a Telephone Consumer Protection Act (“TCPA”) class...more

Carlton Fields

Financial Services & Title Insurance Update: Week Ending March 1, 2019

Carlton Fields on

Financial Services Update - FDCPA: no liability for a debt collector that provides the name of the hospital, the account number, patient name, date of service, and amount of debt, but who fails to include the word "creditor"...more

Robins Kaplan LLP

Lessons from the Wells Fargo Scandal

Robins Kaplan LLP on

Financial institutions must meet standards for safeguarding customer data given the particularly sensitive information they hold, and regulators have been stepping up their efforts to provide guidance on just how they must do...more

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