In a panel decision on April 21, the Eleventh Circuit held that (1) a consumer had standing to bring a claim under the Fair Debt Collection Practices Act (FDCPA) because he alleged an.
In Uvaldo v. Germain Law Office PLC, an Arizona District Court denied a plaintiff’s motion for partial judgment on the pleadings in a Fair Debt Collection Practices Act case. In its.
A federal judge in Washington, D.C., on Wednesday struck down the national eviction moratorium issued by the U.S. Centers for Disease Control and Prevention last fall, imperiling millions of renters who have suffered financially because of the coronavirus.
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
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EAST ST. LOUIS A Shiloh couple was allegedly harassed by unlawful debt collection efforts despite their bankruptcy filing and discharge.
David Lee Bowder and Brenda Kay Bowder filed a complaint April 26 in the U.S. District Court for the Southern District of Illinois against PHH Mortgage Services alleging violation of the Fair Debt Collection Practices Act and Illinois Consumer Fraud and Deceptive Business Practices Act.
According to the complaint, the Bowders filed for joint Chapter 7 bankruptcy on May 29, 2009, which was converted to Chapter 13 bankruptcy on Nov. 18, 2009. They allege that PHH attempted to collect on their debt associated with their property on Katy Drive in Shiloh while having actual knowledge of their bankruptcy filing and discharge by sending them a payment demand for $50,335.74 on Aug. 20, 2020 and on Sept. 21, 2020. The plaintiffs further allege that on Nov. 17, 2020, Feb. 1, 2021 and March 2, 20201, PHH sent additi