News & Analysis as of

Third-Party Debt Collection

Tucker Arensberg, P.C.

Third Circuit: Consumer Does Not Have Standing to Raise FDCPA Challenge to Debt Collection Agency’s Disclosure of Private...

In Barclift v. Keystone Credit Services, LLC, the Philadelphia-based United States Court of Appeals for the Third Circuit determined that a Consumer did not have standing to sue under Fair Debt Collection Practices Act...more

Sheppard Mullin Richter & Hampton LLP

NY Federal Court Rules CFPB Vicarious Liability Suit Can Proceed

In August, a New York federal district court denied a motion to dismiss a CFPB lawsuit against three affiliated companies engaged in the business of purchasing distressed consumer debt and several of the companies’ owners and...more

Ballard Spahr LLP

CFPB announces consent order with third-party collector of medical debt

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The CFPB announced at the end of last week that it had entered into a consent order with Phoenix Financial Services, LLC (Phoenix), a third-party debt collector that collects primarily past-due medical debts and furnishes...more

Rivkin Radler LLP

Supreme Court Upholds IRS Collections Summons Without Notice

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The Supremes- The Constitution has figured prominently in the news of late. In the days preceding the initial discussions among members of the Administration and the Congressional leadership regarding the debt ceiling,...more

McGlinchey Stafford

One Unwanted Voicemail Is Enough to Establish Standing under the FDCPA

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In Ward v. NPAS, Inc., 63 F.4th 576 (6th Cir. 2023), Plaintiff Ward did not pay as agreed for medical services, and the medical center sent his unpaid bills to a third-party collector, NPAS, Inc. (NPAS). In trying to collect...more

Fox Rothschild LLP

Debt Collection Compliance Considerations for Cannabis Retailers

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A cannabis retailer, and those who collect debt on their behalf, may not be governed by the Fair Debt Collection Practices Act (FDCPA), but they probably should act like it. The FDCPA is applicable when a third-party...more

Wiley Rein LLP

Wiley Consumer Protection Download (February 27, 2023)

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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

McGlinchey Stafford

Is the Tide Shifting on Hunstein?- The Bullet Point: A Commercial Law Bulletin

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Ohio- Restrictive Covenants- New California Woods Homeowners Assn. v. Jakse, 3d Dist. Union No. 14-21-04, 2021-Ohio-3783 In this appeal, the Third Appellate District affirmed the trial court’s decision, agreeing that...more

Sheppard Mullin Richter & Hampton LLP

CFPB Issues Summer 2020 Supervisory Highlights

On June 29, the CFPB released its summer 2021 Supervisory Highlights.  The findings of the report, which cover examinations that generally were completed between January 1, 2020 to December 31, 2020, are issued to “help...more

McDermott Will & Emery

Temporary Relief for Debt Collectors: 11th Circuit Withholds Hunstein Mandate

On June 14, 2021, the US Court of Appeals for the 11th Circuit issued an order withholding issuance of the mandate for its April 21, 2021, holding in Hunstein v. Preferred Collection and Management Services, Inc. In Hunstein,...more

Perkins Coie

Eleventh Circuit FDCPA Decision Could Dramatically Affect Mortgage Servicers' Operations

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The U.S. Court of Appeals for the Eleventh Circuit recently upheld a lower court’s decision in Hunstein v. Preferred Collection and Management Services, Inc., 994 F.3d 1341 (11th. Cir. 2021). They affirmed that a debt...more

Snell & Wilmer

Hunstein v. Preferred Collection & Mgmt. Servs., Inc. – Debt Collector Looks to Rehearing for Relief in Landmark Eleventh Circuit...

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“A may not share information about B with C.” In response to this simple yet dramatic holding at the heart of an Eleventh Circuit case of first impression regarding the Fair Debt Collections Practices Act (FDCPA), appellant...more

Bradley Arant Boult Cummings LLP

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

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

Carlton Fields

More Is Not Merrier: Eleventh Circuit Sends Message to Debt Collectors Using Third-Party Vendors

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The Eleventh Circuit’s decision in Hunstein v. Preferred Collection & Management Services Inc. has already changed the status quo in the debt collection industry, as the court itself predicted. Whether it will lead to any...more

McGlinchey Stafford

Communication To Vendor Violates FDCPA Third-party Communication Prohibition

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On April 21, 2021, the Eleventh Circuit Court of Appeals held that: i) a violation of the Fair Debt Collection Practice Act’s (FDCPA) prohibition against communicating with a third-party in connection with the collection of a...more

Balch & Bingham LLP

Eleventh Circuit Holds Commonplace Use of Letter Vendors May Violate FDCPA and Further Expands Consumer Standing in Huntstein v....

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To start with the headline, on April 21, 2021, the Eleventh Circuit Court of Appeals held that a debt collector sending personal identifying information to dunning letter vendors states a claim under the Fair Debt Collection...more

McGlinchey Stafford

Appeals Court Decision Potentially Up-Ends Debt Collection Practices

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The Eleventh Circuit released an Opinion on April 21, 2021, related to the Fair Debt Collection Practices Act (FDCPA), which is a must-read for all in the business of servicing loans or collecting debts. The Eleventh Circuit...more

Fox Rothschild LLP

Circuit Court: Use Of Third-Party Mailing Vendors By Debt Collectors And Creditors Violates Federal Law

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In a decision sending shockwaves through the debt-collection and mailing industries, the U.S. Court of Appeals for the 11th Circuit ruled last week that a debt collection company violated the Fair Debt Collection Practices...more

Baker Donelson

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

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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

Bradley Arant Boult Cummings LLP

New Federal Appellate FDCPA Decision Threatens to Upend Debt Collection and Loan Servicing

On April 21, 2021, the U.S. Court of Appeals for the Eleventh Circuit issued a decision that threatens significant consequences for a variety of loan servicing and debt collection industries. The upshot of the court’s holding...more

Ballard Spahr LLP

California legislature passes bills requiring licensure of debt collectors

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As part of California’s recent triad of consumer financial services legislation, including AB-1864, which creates the Department of Financial Protection and Innovation and the California Financial Protection Law, and AB-376,...more

White and Williams LLP

Successor Liability in the Pandemic Era

If the 2008 recession gives us the ability to predict anything about upcoming trends in commercial litigation, it is that healthy companies, which normally would not be targeted as defendants, will be sued because the primary...more

Spilman Thomas & Battle, PLLC

The REAL Trending Litigation Topics Regarding COVID-19: April 20-24, 2020

Another week brings another round of COVID-19-related lawsuits. We are identifying some early trends and provide a synopsis of the more relevant lawsuits below....more

Carlton Fields

Real Property, Financial Services, & Title Insurance Update: Week Ending February 7, 2020

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Real Property Update - Fraudulent Transfer: Real property that was worth less than mortgage encumbering it was not an asset per the plain language of section 726.102(2) and, therefore, could not support fraudulent transfer...more

Manatt, Phelps & Phillips, LLP

Supreme Court Sets Limits on CAFA Removal

A third party brought into a lawsuit by a counterclaim filed by the original defendant is not entitled to remove the case to federal court under the Class Action Fairness Act (CAFA), the U.S. Supreme Court has ruled....more

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