Consumer Defense

Telephone Number Not Matching Your Locale? Court Finds Local Caller ID Strategy Could Violate FDCPA, If Collector’s Address Doesn’t Match Number

Is this the new Hunstein, where a widely used practice generally accepted as compliant suddenly becomes a risk?

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September 27, 2022

Consumer Defense

The Federal 11th Circuit Rejects Hunstein But The Printer Liability Theory Is Not Dead

Weighing in at 83 pages, including separate majority, concurring and dissenting opinions, the decision was made.

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September 9, 2022

Consumer Defense

Ninth Circuit Hears First Appeal Attacking Nevada S.B. 248- The Medical Debt Collection Law

On July 1, 2021, medical collection activity stopped in Nevada because S.B. 248 became effective.

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September 6, 2022

Consumer Defense

Ninth Circuit Hears First Appeal Attacking Nevada S.B. 248- The Medical Debt Collection Law

On July 1, 2021, medical collection activity stopped in Nevada because S.B. 248 became effective.

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September 6, 2022

Consumer Defense

Really!! Court Rules “Obligation” In A Settlement Letter Is A Threat That A Consumer May Be Sued

Since the 7th Circuit released their 2014 McMahon decision, using the word “settle” or “settlement” in any settlement offer letter has exposed collection agencies to being sued. Finding an FDCPA violation, the McMahon Court ruled that the consumer could reasonably assume that “settle” was a legal term and consumers would fear being sued for the debt.

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August 30, 2022

Consumer Defense

Hunstein Copycat Claim Loses All 9 Lives: NJ State Trial Court Rules- Using A Printer Is Not An FDCPA Communication

Courts across the country have been required to deal with the tsunami of cases filed after the 11th Circuit’s industry changing order in Hunstein v. Preferred. While we all wait for the 11th Circuit to issue its new opinion, which is expected any day now, a New Jersey state court judge recently issued a stinging rebuke of the Hunstein theory.

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August 23, 2022

Consumer Defense

Telephone Number Not Matching Your Locale? Court Finds Local Caller ID Strategy Could Violate FDCPA, If Collector’s Address Doesn’t Match Number

The Federal 11th Circuit Rejects Hunstein But The Printer Liability Theory Is Not Dead

Ninth Circuit Hears First Appeal Attacking Nevada S.B. 248- The Medical Debt Collection Law

Ninth Circuit Hears First Appeal Attacking Nevada S.B. 248- The Medical Debt Collection Law

Really!! Court Rules “Obligation” In A Settlement Letter Is A Threat That A Consumer May Be Sued

Hunstein Copycat Claim Loses All 9 Lives: NJ State Trial Court Rules- Using A Printer Is Not An FDCPA Communication

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