Today, Hunstein took another unique—but favorable—turn for the debt collection industry. The Eleventh Circuit Court of appeals issued an order vacating its last opinion in Hunstein vs. Preferred Collection & Management...more
What does the United States Supreme Court's decision issued earlier this week in Midland Funding, LLC v. Johnson mean for debt collectors? It means that debt collectors may file proofs of claim in a debtor's bankruptcy on...more
A Flawed Class Definition – Court Grants Defendant's Motion to Strike Consumer's Proposed Class -
Cholly v. The Uptain Group., et al, 1:15-cv-05030 -
In Cholly v. The Uptain Group Inc., et al, the defendant debt...more
3/20/2017
/ Article III ,
ATDS ,
Consumer Financial Products ,
Debt Collectors ,
Debtors ,
FDCPA ,
Mootness ,
Motion To Strike ,
Spokeo v Robins ,
Standing ,
TCPA
D.C. Circuit Delivers First Blow to CFPB, Trump Win Delivers Second -
The future of the Consumer Financial Protection Bureau (CFPB) is up for grabs following a landmark Court of Appeals Decision, PHH Corporation v....more
11/22/2016
/ Administrative Proceedings ,
Article II ,
Banking Sector ,
Constitutional Challenges ,
Consumer Financial Products ,
Consumer Financial Protection Bureau (CFPB) ,
Debt Collectors ,
Dodd-Frank ,
Fair Credit Reporting Act (FCRA) ,
FDCPA ,
Foreclosure ,
HUD ,
Kickbacks ,
Mortgages ,
PHH Corp. v CFPB ,
Referral Fees ,
Reinsurance ,
Removal For-Cause ,
RESPA ,
Single Director ,
Spokeo v Robins ,
Statute of Limitations ,
Statutory Interpretation
Courts Are Giving "Standing" Teeth After Spokeo -
Since the U.S. Supreme Court ruling in Spokeo, Inc., v. Robins, courts have further clarified and interpreted the Spokeo decision. Spokeo held that (i) in order to...more
Seventh Circuit Rules: Filing a Proof of Claim for Old Debt Is Okay — Circuits Split -
Owens et al. v. LVNV Funding LLC et al., Nos. 15-2044, 15-2082, 15-2109 (7th Cir. Aug.10, 2016) -
In Owens v. LVNV Funding LLC,...more
8/30/2016
/ Appeals ,
Consumer Financial Protection Bureau (CFPB) ,
Damages ,
Debt Collectors ,
Debtors ,
Evidence ,
FDCPA ,
Foreclosure ,
Mortgage Lenders ,
Pre-Judgment Interest ,
Proof of Claims ,
Reversal ,
Split of Authority ,
Spokeo ,
Spokeo v Robins ,
Standing ,
Tax Sales ,
TCPA