If there was any doubt over the importance of the Hunstein case to the accounts receivable management industry, and to the camaraderie and support that companies in this industry have for one another, and that every lawyer in the country was working over the Memorial Day holiday weekend, look no …
Read More »Briefs in Support of Hunstein Petition Start Rolling in
Companies and organizations across the accounts receivable management industry are starting to line up behind the defendant in Hunstein v. Preferred Collection and Management Services, filing amicus briefs supporting the defendant’s petition for an en banc re-hearing before the entire Eleventh Circuit Court of Appeals. Yesterday, briefs were filed by …
Read More »Hunstein Update: Deadline to File Petition Extended, More Lawsuits Being Filed
The defendant in the Hunstein case before the Eleventh Circuit Court of Appeals yesterday asked for, and received, a two-week extension to file its petition for an en banc rehearing before the entire panel of Eleventh Circuit judges. The deadline to submit the petition was originally set for May 12, …
Read More »Appeals Court Dismisses Request Seeking Additional Damages in TCPA Suit
The Eleventh Circuit Court of Appeals has dismissed an appeal filed by a plaintiff seeking to recover additional recoveries after being awarded $14,000 in a Telephone Consumer Protection Act case against a collector. A copy of the ruling in the case of Floyd v. Navient Solutions can be accessed by …
Read More »Defendant in Hunstein Case Hires New Lawyer, Who Confirms En Banc Petition Will be Filed
The defendant in the Hunstein case out of the Eleventh Circuit Court of Appeals has hired a new lawyer, who confirmed that the company will be filing a petition with the Court for an en banc rehearing of the case. Industry defense lawyer Rick Perr from Kaufman Dolowich & Voluck …
Read More »Appeals Court Rules Sending Info to Letter Vendor Counts as Communication Under FDCPA
The Eleventh Circuit Court of Appeals has overturned a lower court’s ruling that a debt collector did not violate the Fair Debt Collection Practices Act when it sent an individual’s personal information to a letter vendor to have a collection letter sent to that person. The Appeals Court ruled that …
Read More »Appeals Court Overturns Ruling in FCRA Case
Once a customer, always a customer, the Eleventh Circuit Court of Appeals has ruled in reversing a lower court’s denial to compel arbitration in a Fair Credit Reporting Act case, determining that the defendant was not violating the law when it accessed a former customer’s credit report when he called …
Read More »Appeals Court Upholds MSJ For Defendant in FDCPA Vicarious Liability Case
The Eleventh Circuit Court of Appeals has upheld the summary judgment ruling in favor of a defendant that was sued for violating the Fair Debt Collection Practices Act and the Florida Consumer Collection Practices Act because of alleged misrepresentations made by another entity that was collecting on the defendant’s behalf. …
Read More »Appeals Court Rules Receipt of One Text Message Not Enough to Confer Standing To Allege TCPA Violation
The Court of Appeals for the Eleventh Circuit has ruled that the receipt of one text message is not enough of a violation of the Telephone Consumer Protection Act to give someone standing to file a lawsuit under Article III of the Constitution, potentially throwing a wrench into the arguments …
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