On September 8, 2022, the Eleventh Circuit Court of Appeals gave its final word—after many twists and turns—in Hunstein v. Preferred Collection and Management Services, Inc., No. 19-14434. The court issued an en banc opinion...more
Reasons for Optimism as Eleventh Circuit Revisits Hunstein and Doubles Down -
In Hunstein v. Preferred Collection and Management Services, the Eleventh Circuit drastically altered the Fair Debt Collection Practices Act...more
Consumer Law Hinsights is a monthly compilation of nationwide consumer protection cases of interest to financial services and accounts receivable management companies.
SCOTUS Finds FTC Cannot Award Restitution or...more
6/1/2021
/ AMG Capital Management LLC v FTC ,
Article III ,
Credit Reporting Agencies ,
Disgorgement ,
FDCPA ,
Federal Trade Commission (FTC) ,
FTC Act ,
FTCA Section 13(b) ,
Injunctive Relief ,
Standing ,
Unfair or Deceptive Trade Practices
Consumer Law Hinsights is a monthly compilation of nationwide consumer protection cases of interest to financial services and accounts receivable management companies.
Eleventh Circuit Delivers Surprising Decision on Use...more
The Need for Compensable Damage to Prove Standing -
The United States Supreme Court has issued a decision in Spokeo v. Robbins. In this Fair Credit Reporting Act (FCRA) case, the Supreme Court considered whether Congress...more
1/28/2021
/ Article III ,
ATDS ,
Class Action ,
Dodd-Frank ,
Fair Credit Reporting Act (FCRA) ,
FDCPA ,
FRCP 23 ,
Injury-in-Fact ,
Spokeo v Robins ,
Standing ,
TCPA
Consumer Law Hinsights is a monthly compilation of nationwide consumer protection cases of interest to financial services and accounts receivable management companies.
Eleventh Circuit Affirms Summary Judgment Win in TCPA...more
1/4/2021
/ Article III ,
ATDS ,
Auto-Dialed Calls ,
Consumer Financial Protection Bureau (CFPB) ,
Debt Collection ,
Facebook Inc v Duguid ,
FDCPA ,
First Amendment ,
Prior Express Consent ,
RESPA ,
TCPA
Consumer Law Hinsights is a monthly compilation of nationwide consumer protection cases of interest to financial services and accounts receivable management companies, brought to you by Hinshaw & Culbertson LLP....more
9/1/2020
/ Actual Injuries ,
Affirmative Defenses ,
Appeals ,
Article III ,
Consent ,
Consumer Protection Laws ,
Credit Reporting Agencies ,
Debt Collection ,
Debt Collectors ,
Dismissals ,
FDCPA ,
Registration Requirement ,
Standing ,
State and Local Government ,
State Law Claims ,
TCPA ,
Text Messages ,
Voicemail