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Third-Party Service Provider Article III

Husch Blackwell LLP

U.S. Privacy Litigation Update: Holiday Edition (October, November, & December 2024)

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Welcome to the nineteenth installment in our monthly data privacy litigation report. We prepare these reports to provide updates on how courts in the United States have handled emerging data privacy trends. We are covering...more

Troutman Pepper Locke

Letter Vendor Claim Remanded to State Court for Lack of Standing

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In Moore v. Merchants & Medical Credit Corp., Inc., the plaintiff initiated litigation in state court alleging a violation of the Fair Debt Collection Practices Act (FDCPA) based on the defendant’s use of a letter vendor to...more

Troutman Pepper Locke

Seventh Circuit Affirms Dismissal of FDCPA Claim for Lack of Standing, Holding Hiring a Lawyer and Confusion is Not Enough

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The Seventh Circuit Court of Appeals recently affirmed a district court’s dismissal of a suit holding that the plaintiff had not suffered a concrete injury, and therefore, lacked standing to assert a claim under the Fair Debt...more

Troutman Pepper Locke

A Stunning Opinion on “Dunning” ‎Letters: Revised Opinion Following En Banc Review

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In a revised opinion issued September 8, 2022, an en banc panel of the Eleventh Circuit Court of Appeals reversed last year’s controversial opinion which potentially spelled trouble for debt collectors utilizing third-party...more

Burr & Forman

Copycat Case Considers and Rejects Eleventh Circuit FDCPA Ruling

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The latest update surrounding Hunstein v. Preferred Collection and Management Services, Inc., Case No. 19-14434 centers not on the Eleventh Circuit or the Hunstein decision itself but on the district courts nationwide that...more

Burr & Forman

Eleventh Circuit Keeps Troublesome FDCPA Ruling Despite Rehearing, Dissent

Burr & Forman on

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

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

Ballard Spahr LLP

Fourth Circuit Upholds $61 Million Judgment Against Dish Network for Third-Party TCPA Violations

Ballard Spahr LLP on

The recent decision of the U.S. Court of Appeals for the Fourth Circuit affirming the district court's judgment imposing more than $61 million in damages against Dish Network for its vendor's violations of the Telephone...more

Womble Bond Dickinson

Bais Yaakov Strikes Again: Nonprofit May Be Fax "Sender" Despite Not Sending Fax

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As we’ve recently highlighted, the FCC is currently seeking industry comment on how it should interpret the term “sender” for purposes of imposing liability for faxes sent in violation of the TCPA. Until the agency releases...more

Smith Debnam Narron Drake Saintsing & Myers,...

Fourth Circuit Weighs in on Article III Standing

The Fourth Circuit recently examined the issue of Article III standing in the context of the FDCPA. In Ben-Davies v. Blibaum & Associates, P.A., 2017 U.S. App. LEXIS 9667 (4th Cir. June 1, 2017), the consumer sought to...more

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