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Wiley Rein LLP

Wiley Consumer Protection Download (December 17, 2024)

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Welcome to Wiley’s update on recent developments and what’s next in consumer protection at the Consumer Financial Protection Bureau (CFPB) and Federal Trade Commission (FTC). In this newsletter, we analyze recent regulatory...more

Holland & Knight LLP

Update on Hunstein Decision: Eleventh Circuit Vacates Original Panel Decision

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The U.S. Court of Appeals for the Eleventh Circuit issued its initial opinion on Hunstein v. Preferred Collection and Management Services, Inc., No. 8:19-cv-00983-TPB-TGW on April 21, 2021. As previously discussed in a...more

Burr & Forman

Eleventh Circuit Keeps Troublesome FDCPA Ruling Despite Rehearing, Dissent

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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

Burr & Forman

Rehearing Sought in Federal Appeals Court Ruling on Use of Mailing Vendors by Debt Collectors

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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

Alston & Bird

Eleventh Circuit Allows Article III Standing for Disclosure of Sensitive Information Relating to Debt

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The FDCPA isn’t always as simple as ABC. Our Litigation Group examines the Eleventh Circuit’s recent ruling relating to when disclosure of sensitive information can create standing even when it doesn’t create tangible harm or...more

Bressler, Amery & Ross, P.C.

Debt Collectors Must Be Mindful of Communications with Third Parties Regarding Consumers in Alabama, Florida, and Georgia

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Noting it was a matter of first impression, on April 21, 2021, the Eleventh Circuit held consumers may assert a claim under Section 1692c(b) of the Fair Debt Collection Practices Act (the “FDCPA”) for a debt collector’s...more

Miles & Stockbridge P.C.

Why an Opinion from the Eleventh Circuit is Keeping Creditors Up at Night

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A recent federal appeals decision is sending shockwaves throughout the financial services sector. In Hunstein v. Preferred Collection & Mgmt. Services, Inc., the Court of Appeals for the Eleventh Circuit held that, under the...more

Brownstein Hyatt Farber Schreck

Debt Collection Companies Beware: A Slew of Lawsuits Are Coming

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Yesterday, the 11th Circuit Court of Appeals issued an opinion in Hunstein v. Preferred Collection and Management Services, Inc., -- F.3d --, 2021 WL 1556069 (Apr. 21, 2021), which almost immediately set off alarms in the...more

Harris Beach Murtha PLLC

Telemarketing Legislation, Litigation Remain Hot-Button Issues for Legislature and Courts

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The legislation and litigation regarding unwanted calls remain alive and well and show no signs of ending anytime soon. With recent statutes enacted by the federal and New York State legislatures, telemarketing and debt...more

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