The Third Circuit Court of Appeal recently weighed in on the burgeoning number of cases alleging that debt collector use of mailing vendors requires communication with a third party about consumer debt that violates the Fair...more
3/1/2024
/ Article III ,
Common Law Torts ,
Debt Collection ,
Debt Collectors ,
Dismissals ,
FDCPA ,
Injury-in-Fact ,
Personal Information ,
Putative Class Actions ,
Standing ,
Vendors
On September 8, 2022, in Hunstein v. Preferred Collection and Management Services, Inc. , No. 19-14434, the Eleventh Circuit Court of Appeals issued an en banc decision which departs significantly from the panel decision on...more
The Eleventh Circuit Court of Appeals has issued its ruling on the motion for rehearing in Hunstein v. Preferred Collection and Management Services, Inc., Case No. 19-14434 but most of the troublesome aspects of the Court’s...more
11/1/2021
/ Article III ,
Data-Sharing ,
Debt Collection ,
Debt Collectors ,
FDCPA ,
Financial Services Industry ,
Invasion of Privacy ,
Personal Information ,
Standing ,
Statutory Violations ,
Third-Party Service Provider ,
TransUnion LLC v Ramirez ,
Unauthorized Disclosure
In its 2016 decision in Avila v. Riexinger & Associates, LLC, the Second Circuit Court of Appeals held that an attempt to collect a debt that states the current balance owed but does not disclose whether interest and fees are...more
The ruling by the Eleventh Circuit Court of Appeals in Richard Hunstein v. Preferred Collection and Management Services, Inc. raises significant concerns for debt collectors who use vendors for mailing and other types of...more
On February 11, 2020, the United States Circuit Court of Appeal for the Eleventh Circuit issued its opinion in Anderman v. JP Morgan Chase Bank, N.A., Case No. 19-13734 regarding the applicability of the federal Fair Debt...more
In Green v. Specialized Loan Servicing, LLC, 17-15681, the Eleventh Circuit Court of Appeals rejected a consumers contention that his monthly mortgage statement should only seek his last five years of mortgage installments...more
In Helman v. Bank of America, 15-13672, 2017 WL 1350728 (11th Cir. April 12, 2017) the Eleventh Circuit Court of Appeal clarified important issues regarding the use of periodic mortgage statements after a bankruptcy...more
4/20/2017
/ Ambiguous ,
Appeals ,
Banks ,
Consumer Bankruptcy ,
Creditors ,
Debt Collection ,
Debtors ,
FCCPA ,
FDCPA ,
Mortgage Lenders ,
Mortgage Statements ,
Mortgages
In Castellanos v. Midland Funding, LLC, 15-CV-559 (M.D. Fla. Jan. 4, 2016) the United States District Judge John Steele joined with several of his Middle District of Florida colleagues and held that the Bankruptcy Code...more
In Garfield v. Ocwen Loan Servicing, LLC, 15-527 (2d Cir. Jan. 4, 2016), the Second Circuit Court of Appeals examined whether a debtor who has been discharged in a bankruptcy can sue in a district court under the Fair Debt...more
In This Issue:
- Introduction
- Potential Litigation Exposure Under the New Mortgage Servicing Regulations Governing Responses to Borrower Inquiries
..Which of the New Servicing Regulations Governing Responses...more
11/8/2013
/ Borrowers ,
Consumer Financial Protection Bureau (CFPB) ,
Dodd-Frank ,
Dual Tracking Restrictions ,
FDCPA ,
Foreclosure ,
Loss Mitigation ,
Mortgage Loan Servicing Standards ,
Mortgages ,
RESPA ,
Truth in Lending Act (TILA)