On April 1, 2021, in Facebook, Inc. v. Duguid, the Supreme Court clarified what constitutes an “automatic telephone dialing system” commonly referred to as an “autodialer” under the.
Consumer Law Hinsights is a monthly compilation of nationwide consumer protection cases of interest to financial services and accounts receivable management companies.
Eleventh Circuit Delivers Surprising Decision on Use of Third-Party Vendors in FDCPA Case
The district court dismissed the case for lack of standing and Hunstein appealed. The Eleventh Circuit concluded that the requirements of standing could be met in one of three ways: 1) tangible harm in the form of physical injury, financial loss, or emotional distress; 2) a risk of real harm requiring factual allegations that establish substantial, significant, or real danger; and 3) statutory violations. The court found that while Hunstein failed to establish either tangible harm or risk of real harm, he did establish a statutory violation that granted him standing. Their statutory violation analysis involved looking at history and the judgment of Congress. The court took a very textualist view of the law and surprisingly
Major information technology providers opposed to the broadening of class action litigation related to consumer protections have taken their case to the U.S. Supreme Court. The companies are hoping the court will strike down a lower court ruling which makes it easier for consumers to file class action suits. The tech companies may not have to wait too long for a decision.
Print
Every time you think you’ve seen every possible way the U.S. healthcare system lets people down, along comes some new outrage that leaves you slack-jawed and shaking your head.
This is one of those.
Linda Williamson’s 76-year-old mother has Alzheimer’s disease. She still lives in her San Fernando Valley home with the help of a caregiver. Williamson has two notarized power-of-attorney documents to handle her mom’s finances and healthcare.
“She can’t drive,” the Granada Hills resident told me. “She can’t do her own shopping. She doesn’t pay her own bills. She doesn’t always remember the names of her grandkids.”