News & Analysis as of

Fair Debt Collection Practices Act Discovery

Holland & Knight LLP

Analysis and Strategic Implications of Consumer Financial Protection Bureau v. Brown

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The Consumer Financial Protection Bureau (CFPB) brought an action against 18 defendants under the Consumer Financial Protection Act (CFPA) and the Fair Debt Collection Practices Act (FDCPA) for engaging in or substantially...more

Ballard Spahr LLP

Eleventh Circuit rules district court did not abuse its discretion by dismissing defendants in CFPB enforcement action as...

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A unanimous panel of the U.S. Court of Appeals for the Eleventh Circuit has affirmed the district court’s order dismissing several defendants as sanctions for the CFPB’s continuation of “obstructionist conduct” in...more

Carlton Fields

Real Property, Financial Services, & Title Insurance Update: Week Ending January 17, 2020

Carlton Fields on

Real Property Update - Condition Precedent / Summary Judgment: Master association was not an owner of the condominium association and lacked standing to defend litigation based upon condominium association’s alleged...more

Hinshaw & Culbertson LLP

Consumer Law Hinsights - December 2019

Hinshaw & Culbertson LLP on

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

Hudson Cook, LLP

After Oral Argument, High Court Seems Poised to Preserve FDCPA Status Quo

Hudson Cook, LLP on

In Rotkiske v. Klemm, the Supreme Court has the opportunity to do what many plaintiffs’ attorneys have dreamed of for years:  effectively expand the FDCPA’s one-year statute of limitations by applying the “discovery rule” to...more

Ballard Spahr LLP

DOJ files amicus brief with SCOTUS in FDCPA statute of limitations case

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The DOJ has filed an amicus brief in support of the defendant debt collector in Rotkiske v. Klemm, the case before the U.S. Supreme Court that hopefully will resolve a circuit court split over whether the FDCPA one-year...more

Carlton Fields

Real Property, Financial Services, & Title Insurance Update: Week Ending November 16, 2018

Carlton Fields on

Real Property Update - Derivative v. Direct Action / Standing: individual member of LLC not entitled to sue title company for breach of fiduciary duty because right to sue belonged to LLC, where LLC suffered the direct...more

Robins Kaplan LLP

Seeking Punitive Damages Can Expand Scope of Discovery

Robins Kaplan LLP on

As litigators are well aware, a lawsuit frequently begins and ends with discovery. Complaints must be carefully worded and allegations carefully chosen in order to maximize success in developing a record and in exploring...more

Ballard Spahr LLP

CFPB announces consent orders with debt collection law firm, two law firm partners, debt buyer

Ballard Spahr LLP on

The CFPB announced that it has entered into two consent orders involving debt collection litigation practices. A debt collection law firm and two of its partners are the subject of one consent order and a debt buyer is the...more

Skadden, Arps, Slate, Meagher & Flom LLP

The Class Action Chronicle - Fall 2015

This is the ninth edition of The Class Action Chronicle, a quarterly publication that provides an analysis of recent class action trends, along with a summary of class certification and Class Action Fairness Act rulings...more

Balch & Bingham LLP

Eleventh Circuit Holds That The FDCPA Applies To Litigation Conduct Directed At Non-Consumers, But Declines To Adopt Or Reject The...

Balch & Bingham LLP on

Though it eventually reached the Eleventh Circuit, the Court’s decision in Miljkovic v. Shafritz & Dinkin, P.A., — F. 3d. –, No. 14-13715, 2015 WL 3956570 (11th Cir. June 30, 2015), had its origins in Florida state court,...more

Skadden, Arps, Slate, Meagher & Flom LLP

The Class Action Chronicle - Summer 2015

In This Issue: - The Fairness in Class Action Litigation Act of 2015 - Class Certification Decisions: ..Decisions Granting Motions to Strike/Dismiss Class Claims ..Decisions Denying Motions to...more

Manatt, Phelps & Phillips, LLP

TCPA Connect - February 2015

TCPA Suit on Hold Pending FCC Petitions - A federal court judge has stayed a class action pending a decision by the Federal Communications Commission on the issue of whether the agency overstepped its bounds by issuing...more

Goodwin

Business Litigation Reporter - February 2015

Goodwin on

Goodwin Procter’s Business Litigation Reporter provides timely summaries of key cases and other developments within dedicated Business Litigation sessions and related courts throughout the country – courts within which...more

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