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Debt Collection › Putative Class Actions › Debt Collectors

Holland & Knight LLP

Florida District Court Clarifies "Communicating With" Consumers via Email Under FDCPA and FCCPA

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A recent summary judgment decision in Nina Quinn-Davis vs. TrueAccord Corp., Case No. 1:23-cv-23590-LEIBOWITZ/REID (S.D. Fla. Nov. 20, 2024), addresses core merits issues in Florida Consumer Collection Practices Act (FCCPA)...more

Carlton Fields

Classified Monthly: A Roundup of Class Action Decisions From Federal Appellate Courts - February 2024

Carlton Fields on

The Roundup is a monthly publication that covers the previous month’s notable class action decisions from federal appellate courts, as well as notable Supreme Court cert petitions related to class actions....more

Burr & Forman

Third Circuit Weighs in on Mailing Vendors in Debt Collection and Article III Standing

Burr & Forman on

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

Womble Bond Dickinson

Ninth Circuit Clarifies When One-Year FDCPA Statute of Limitations Begins To Run

Womble Bond Dickinson on

A recent Ninth Circuit decision confirmed that the one-year statute of limitations under the Fair Debt Collection Practices Act (FDCPA) begins to run when a collection attorney takes the last action that could independently...more

Troutman Pepper Locke

Court Denies Motion to Dismiss FDCPA Suit Based on Pleadings Statements of a Previous Lawsuit

Troutman Pepper Locke on

In Louis v. Deshmukh, Civil Action No. 21-19902 (D.N.J. July 27, 2022), the District of New Jersey denied a motion to dismiss a putative class action, asserting claims under the Fair Debt Collections Practices Act (FDCPA)...more

Burr & Forman

Seventh Circuit Dismisses FDCPA Claim for Lack of Standing

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In Pierre v. Midland Credit Management, Inc., — F.4th —, 2022 WL 986441 (7th Cir. Apr. 1, 2022), the Seventh Circuit affirmed the dismissal of a claim under the Fair Debt Collection Practices Act (“FDCPA”), finding that the...more

Goodwin

TCPA’s Constitutionality Under the First Amendment Poised For Supreme Court Intervention

Goodwin on

On December 2, 2019, the United States government submitted a brief to the Supreme Court urging it to deny review of a Ninth Circuit Court of Appeals ruling holding a provision of the Telephone Consumer Protection Act (TCPA)...more

Carlton Fields

Court Compels Arbitration Based on Text Message Agreement

Carlton Fields on

A district court has granted a motion to compel arbitration based on an arbitration clause in an agreement sent via text message and agreed to via a reply text. ...more

Burr & Forman

Seventh Circuit Holds that a Validation Notice in a Complaint to Collect a Debt Violated §1692e of the FDCPA

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In Marquez v. Weinstein, Pinson & Riley, P.S., No. 15-3273, – F.3d –, 2016 WL 4651403 (7th Cir. Sept. 7, 2016), the Seventh Circuit Court of Appeals held that a validation notice in a complaint to collect a debt violated the...more

Womble Bond Dickinson

Eleventh Circuit Examines “Debt Collector” Under the FDCPA

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For those tracking Fair Debt Collection Practices Act (“FDCPA”) litigation for financial institutions and loan servicers, an opinion recently issued by the Eleventh Circuit Court of Appeals provides new insight on the...more

Benesch

Eighth Circuit Reverses Class Certification of FDCPA Suit Against Debt Collector And Its In-House Attorneys

Benesch on

In Powers v. Credit Mgmt. Servs., Inc., No. 13-2831 (8th Cir. Jan. 13, 2015), the United States Court of Appeals for the Eighth Circuit reversed the District of Nebraska’s order granting class certification of an action...more

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