In line with the recent trend of courts giving increased scrutiny to standing in consumer finance cases, the Sixth Circuit Court of Appeals dismissed an appeal this week under the Fair Debt Collection Practices Act (“FDCPA”)...more
8/19/2021
/ Article III ,
Corporate Counsel ,
Debt Collection ,
Debt Collectors ,
FDCPA ,
Financial Services Industry ,
Injury-in-Fact ,
Invasion of Privacy ,
Standing ,
Statutory Violations ,
Voicemail
On June 14, 2021, the Eleventh Circuit Court of Appeals issued a one-line order stating that the Court was withholding issuance of the mandate in Hunstein v. Preferred Collection and Management Services, Inc....more
6/17/2021
/ Consumer Privacy Rights ,
Debt Collection ,
Debt Collectors ,
Electronic Communications ,
En Banc Review ,
FDCPA ,
Financial Services Industry ,
Personal Information ,
Petition For Rehearing ,
Statutory Violations ,
Third-Party Service Provider ,
Vendors
When President-elect Joe Biden takes office in January, it is safe to bet that addressing the pandemic-related financial pressures facing millions of Americans will be at the top of his agenda....more
On April 1, 2020, the Consumer Financial Protection Bureau (“CFPB”) released a policy statement providing guidance on credit reporting companies’ and furnishers’ responsibilities during COVID-19. The CFPB’s policy statement...more
As fintech and blockchain transactions continue to grow in popularity, they are receiving increased attention at the state level, whether through fintech sandboxes, crypto-friendly legislation, or other initiatives aimed to...more
On May 9, 2019, the House Financial Services Committee voted to establish two task forces dedicated to studying technological innovations that impact the financial services arena: a FinTech Task Force and an Artificial...more
Last month, the Treasury Department issued a 222-page report to President Trump on Nonbank Financials, Fintech, and Innovation in which it recommends large-scale regulatory changes to promote innovation in the realm of...more
In the wake of the D.C. Circuit’s ruling in ACA International v. Federal Communications Commission, 885 F.3d 687 (D.C. Cir. 2018), which struck down the FCC’s interpretations of “automatic telephone dialing system” (“ATDS”)...more
On June 12, 2017, the Supreme Court in Henson v. Santander Consumer USA Inc. unanimously held that a debt buyer is not a “debt collector” as defined by the Fair Debt Collection Practices Act (“FDCPA”) if it is regularly...more