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Supreme Court of the United States › Fair Debt Collection Practices Act

The United States Supreme Court is the highest court of the United States and is charged with interpreting federal law, including the United States Constitution. The Court's docket is largely discretionary... more +
The United States Supreme Court is the highest court of the United States and is charged with interpreting federal law, including the United States Constitution. The Court's docket is largely discretionary with only a limited number of cases granted review each term.  The Court is comprised of one chief justice and eight associate justices, who are nominated by the President and confirmed by the Senate to hold lifetime positions. less -
McGlinchey Stafford

Litigation Byte (July Edition)

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The Litigation Byte is the new name and format for McGlinchey’s Commercial Law Bulletin. Our new format reflects McGlinchey’s national coverage and our expanded footprint while still serving up the digestible, insightful...more

Ballard Spahr LLP

OCC to review its preemption interpretations in light of Supreme Court opinion and state debanking laws

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On July 17, Acting Comptroller of the Currency Michael Hsu delivered prepared remarks before the Exchequer Club entitled “Size, Complexity, and Polarization in Banking.”...more

McGlinchey Stafford

Litigation Byte (June Edition)

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The Litigation Byte is the new name and format for McGlinchey’s Commercial Law Bulletin. Our new format reflects McGlinchey’s national coverage and our expanded footprint while still serving up the digestible, insightful...more

Locke Lord LLP

After Loper Bright Overruled Chevron ‎‎Deference, What Parts of Regulation F Have the Power to ‎‎Persuade?‎

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On June 28, 2024, the Supreme Court overruled the Chevron doctrine in Loper Bright Enterprises v. Raimondo. The decision eliminated the requirement that courts must defer to agency interpretations of the federal laws they...more

McGlinchey Stafford

Litigation Byte (May Edition)

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The Litigation Byte is the new name and format for McGlinchey’s Commercial Law Bulletin. Our new format will reflect McGlinchey’s national coverage and our expanded footprint while still serving up the digestible, insightful...more

Carlton Fields

Classified Monthly: A Roundup of Class Action Decisions From Federal Appellate Courts - February 2024

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The Roundup is a monthly publication that covers the previous month’s notable class action decisions from federal appellate courts, as well as notable Supreme Court cert petitions related to class actions....more

Goodwin

2023 Year in Review: Major U.S. Supreme Court and Appellate Cases

Goodwin on

Welcome to the Major US Supreme Court and Appellate Cases chapter of our annual report Consumer Financial Services 2023 Year in Review. Looking Ahead to 2024 - The Supreme Court continues to take a close look at major...more

Seyfarth Shaw LLP

No Harm, No Foul? The Legacy of TransUnion Two Years Later (Part 3)

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Seyfarth Synopsis: As reported here, for the two-year anniversary of the U.S. Supreme Court’s rulings regarding Article III standing in TransUnion LLC v. Ramirez (“TransUnion”), the Workplace Class Action blog is providing a...more

Troutman Pepper

Recent Trends in Article III Standing - The Consumer Finance Podcast

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Please join Troutman Pepper Partner Chris Willis and his colleagues Jonathan Floyd and Meagan Mihalko as they discuss recent trends in Article III standing in the federal courts. The trio examine why this is a big deal in...more

Orrick, Herrington & Sutcliffe LLP

2nd Circuit: CFPB funding is constitutional

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On March 23, the U.S. Court of Appeals for the Second Circuit held that the CFPB’s funding structure is constitutional—splitting from the U.S. Court of Appeals for the Fifth Circuit’s decision in Community Financial Services...more

McGlinchey Stafford

Taking the Case: SCOTUS to Decide Constitutionality of CFPB

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Today, the Supreme Court of the United States granted the petitions for writs of certiorari filed in CFPB et. al. v. Com. Fin. Services Assn., where a panel of the United States Court of Appeals for the Fifth Circuit ruled...more

Cozen O'Connor

Federal Court Standing Decision May Spark Trend In Consumer Protection Action Filings In State Court

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The U.S. Supreme Court’s 2016 decision in Spokeo Inc. v. Robins was a game-changer. That decision single-handedly raised the bar for a plaintiff alleging a violation of a consumer protection statute such as the Fair Credit...more

Bradley Arant Boult Cummings LLP

CFPB Issues Advisory Opinion Clarifying Its Views on When Debt Collectors Can Charge Consumers “Convenience Fees”

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The Consumer Financial Protection Bureau (CFPB) issued an advisory opinion on June 29, 2022, clarifying its view as to the legality under the Fair Debt Collection Practices Act (FDCPA) of “convenience fees” for optional...more

Wiley Rein LLP

Wiley Consumer Protection Download (January 24, 2022)

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Welcome to Wiley’s update on recent developments and what’s next in consumer protection at the Consumer Financial Protection Bureau (CFPB) and Federal Trade Commission (FTC). In this newsletter, we analyze recent regulatory...more

King & Spalding

Supreme Court Shakes Up Law Of Article III Standing In Transunion Llc V. Ramirez; Eleventh Circuit To Grapple With Decision In...

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It is no overstatement to say the class-action bar awaited the Supreme Court’s decision in TransUnion LLC v. Ramirez, 141 S. Ct. 2190 (2021), with bated breath. When the 5–4 decision came down in June, it clarified the law...more

Sheppard Mullin Richter & Hampton LLP

Eleventh Circuit orders en banc rehearing in Hunstein

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On November 17, a majority of the active judges of the U.S. Court of Appeals for the Eleventh Circuit issued an order sua sponte to rehear Hunstein v. Preferred Collection and Management Services, Inc., en banc. The order...more

McGlinchey Stafford

The Real Story of Hunstein is the Enhanced Analysis, Not the Outcome

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On October 28, 2021, the Eleventh Circuit vacated its April 21, 2021 opinion (Hunstein I) that had sent shockwaves through the debt collection industry and substituted a new Opinion (Hunstein II) in its place...more

Snell & Wilmer

Hunstein v. Preferred Collection & Management Services, Inc.— Eleventh Circuit Panel Doubles Down Pending En Banc Rehearing...

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In an unusual move, an Eleventh Circuit panel doubled down on its prior, industry-disrupting decision that a debt collector may violate the Fair Debt Collection Practices Act (“FDCPA”) by transmitting private information to a...more

Spilman Thomas & Battle, PLLC

All Consuming - Financial Litigation Insights, Volume 2, Issue 9

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Consumer Watchdog Group Issues Policy to Strengthen National Eviction Moratorium - "Since the eviction moratorium has been in effect, housing advocates and renters have said a lack of enforcement has led to landlords...more

Bradley Arant Boult Cummings LLP

Does the Eleventh Circuit’s Hunstein Decision Mean that the FDCPA Violates the First Amendment?

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The Eleventh Circuit’s far-reaching decision in Hunstein v. Preferred Collection and Management Services, Inc. — which we previously covered on this blog — continues to raise questions for the wide range of industries that...more

Benesch

AAPC In Review

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In July of 2020, the Supreme Court issued its highly anticipated decision in Barr v. American Association of Political Consultants, Inc., 140 S. Ct. 2335 (2020), known ever since as the AAPC decision. The Supreme Court set...more

Foley & Lardner LLP

Article III Standing in FDCPA Class Actions: The Seventh Circuit Issues a Series of Decisions

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On Monday and Tuesday of this week, the United States Court of Appeals for the Seventh Circuit issued a series of decisions addressing the Article III standing of consumer plaintiffs alleging violations of the Fair Debt...more

King & Spalding

Eleventh Circuit Rejects Standing in FDCPA Case Where Plaintiffs Received Allegedly Misleading Letters, But Were Not Misled

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On July 6, the Eleventh Circuit held that two recipients of debt collection letters lacked Article III standing to pursue claims against a debt collection agency under the Fair Debt Collection Practices Act (“FDCPA”). ...more

Hinshaw & Culbertson - Consumer Financial...

Consumer Law Hinsights – July 2020

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Welcome to Consumer Law Hinsights?a monthly compilation of nationwide consumer protection cases of interest to financial services and accounts receivable management companies. This edition highlights our interactive COVID-19...more

BCLP

SCOTUS Upholds TCPA but Strikes Government Debt Collection Exception

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The Telephone Consumer Protection Act ("TCPA") has been the subject of significant class and consumer litigation risk exposure for many industries, including financial institutions. In a July 6 ruling, the United States...more

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