A.J. S. Dhaliwal is a lawyer at Sheppard Mullin law firm in their Washington DC office. A.J. helps banks, non-bank financial institutions, and other companies in a wide range of matters including government enforcement actions, civil litigation, regulatory examinations, and internal investigations.
The TPPPA Files Amicus Brief in Hunstein Case Supporting Rehearing
Share Article
The Third Party Payment Processors Association (TPPPA) filed an amicus brief on Tuesday in support of the rehearing by Eleventh Circuit Court of Appeals in the Hunstein case. The TPPPA feels that the court did not fully grasp the far-reaching and disastrous implications of this ruling, said Marsha Jones, TPPPA President. Third-party service providers are critical to the entire financial services industry generally, and electronic payment processing specifically. WASHINGTON (PRWEB) June 04, 2021
The decision relates to the Fair Debt Collection Practices Act (FDCPA) and the use of a third-party service provider, specifically a letter vendor. The Eleventh Circuit held that the plaintiff stated a claim under the FDCPA, stating that the debt collectors s use of this third-party service provider violated the consumer s privacy under
Two Judges Question whether the 7th Circuit has Gone Too Far in Standing Decisions Published on: 3 June 2021 at 10:00 a.m. ET June 3, 2021, 10 a.m. June 3, 2021, 10:43 a.m. insideARM.com The iA Institute
http://www.insidearm.com/news/00047423-two-judges-question-whether-7th-circuit-h/
The Seventh Circuit Court of Appeals has been quite clear in its recent holdings regarding Article III standing in FDCPA cases: to have standing a consumer must do more than allege an FDCPA violation. However, on May 14, 2021, in the case of
Markakos v. Mericredit, Inc., No. 20-2351, (7th Cir May 14, 2021), although the 7
th Circuit reached a similar conclusion, two of the judges on the panel issued concurring opinions which agreed with the result, but questioned whether the 7
Two recent cases serve as reminders that lack of Article III standing remains a viable defense.
6/3/2021 10:30 AM
FDCPANewsArticle III Standing
By Robert M. Horwitz
Lack of subject matter jurisdiction for no standing under Article III of the U.S. Constitution is alive and well in the U.S. Court of Appeals for the 6th Circuit. Although the 7th Circuit received a lot of attention in late 2020 when it dismissed numerous cases filed under the Fair Debt Collection Practices Act for failing to allege an injury in fact sufficient under Article III of the U.S. Constitution to remain in federal court, the 6th Circuit recently used a lack of Article III standing to kick putative class actions claiming violations of the Fair and Accurate Credit Transactions Act of 2003 (FACTA) and the FDCPA from federal court.