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
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
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
Consumer Law Hinsights is a monthly compilation of nationwide consumer protection cases of interest to financial services and accounts receivable management companies. In this edition, we are also highlighting popular posts...more
3/31/2021
/ Chapter 7 ,
Consumer Financial Protection Bureau (CFPB) ,
Credit Reporting Agencies ,
Debt Collection ,
Fair Lending ,
FDCPA ,
Financial Institutions ,
Financial Services Industry ,
Statute of Limitations ,
TransUnion LLC v Ramirez ,
Unfair or Deceptive Trade Practices
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
This matter is now in front of the Third Circuit for review, and the Consumer Financial Protection Bureau (CFPB) has submitted an amicus brief in support of the district court's decision, citing specifically to Degroot v....more
CFPB Issues Final Debt Collection Rule -
Among other points, the first installment allows for using text messaging and email when collecting on debts, provided that the debt collector gives instructions about how to...more
11/4/2020
/ ATDS ,
Barr v American Association of Political Consultants Inc ,
Consumer Financial Protection Bureau (CFPB) ,
Debt Collection ,
Debt Collectors ,
Facebook Inc v Duguid ,
FCC ,
FDCPA ,
Financial Services Industry ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Robocalling ,
TCPA ,
Time-Barred Debt ,
TRACED Act
Consumer Law Hinsights is a monthly compilation of nationwide consumer protection cases of interest to financial services and accounts receivable management companies. This edition also highlights the recently updated 50...more
10/3/2020
/ Actual Injuries ,
Appeals ,
ATDS ,
Auto-Dialed Calls ,
California ,
Certiorari ,
Consumer Financial Protection Bureau (CFPB) ,
Consumer Protection Laws ,
Debt Collection ,
Facebook Inc v Duguid ,
Financial Services Industry ,
Government Debt-Exception ,
Loan Servicing ,
Management Companies ,
SCOTUS ,
Standing ,
Student Loan Servicers Regulation ,
Student Loans ,
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
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
8/4/2020
/ Accounts Receivable ,
Appeals ,
Auto-Dialed Calls ,
Burden of Proof ,
Consumer Financial Protection Bureau (CFPB) ,
Consumer Protection Laws ,
Credit Reporting Agencies ,
Debt Collection ,
Debt Collectors ,
Eviction ,
Evidentiary Standards ,
Executive Orders ,
Experian ,
Failure to Investigate ,
Fair Credit Reporting Act (FCRA) ,
FCC ,
FDCPA ,
Financial Services Industry ,
Forbearance Agreements ,
Foreclosure ,
Moratorium ,
Mortgages ,
Punitive Damages ,
Removal At-Will ,
Reversal ,
SCOTUS ,
Seila Law LLC v Consumer Financial Protection Bureau ,
Separation of Powers ,
Single Director ,
Standard of Review ,
State and Local Government ,
Statutory Violations ,
TCPA ,
Willful Misconduct
Consumer Law Hinsights is a monthly compilation of nationwide consumer protection cases of interest to financial services and accounts receivable management companies....more
5/23/2020
/ Accounts Receivable ,
Appeals ,
Commercial Speech ,
Consumer Financial Products ,
Consumer Protection Laws ,
Coronavirus/COVID-19 ,
Debt Collection ,
Debt Collectors ,
Deceptively Misdescriptive ,
Failure To Disclose ,
FDCPA ,
Financial Services Industry ,
Free Speech ,
Moratorium ,
Online Payments ,
Portal ,
Settlement ,
State Attorneys General ,
Statute of Limitations ,
Statutory Violations ,
Taxable Exchanges ,
TCPA ,
Time-Barred Debt ,
Totality of Circumstances Test ,
Unfair or Deceptive Trade Practices ,
Warning Letters ,
Websites
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
4/26/2020
/ Appeals ,
ATDS ,
California Consumer Privacy Act (CCPA) ,
Class Action ,
Consumer Financial Products ,
Consumer Lenders ,
Consumer Litigation ,
Contract Terms ,
Coronavirus/COVID-19 ,
Credit Cards ,
Creditors ,
Debt Collectors ,
Dismissals ,
Executive Orders ,
FDCPA ,
Financial Services Industry ,
Interactive Content ,
Interest Accrual ,
Notice Requirements ,
Relief Measures ,
Split of Authority ,
State and Local Government ,
TCPA ,
Unfair or Deceptive Trade Practices ,
Videoconference ,
Zoom®