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Our Partners David Israel, Bryan Shartle & David Clouston Honored as 2024 Best Lawyers® in America and Whitney White Honored as 2024 Best Lawyers: Ones to Watch® in America!

SESSIONS, ISRAEL & SHARTLE is delighted to announce that three of our partners, David Israel (employment), Bryan C. Shartle (commercial litigation), and David R. Clouston (commercial litigation), have been recognized as The Best Lawyers® in America for 2024. Our partner Whitney White (commercial litigation) was recognized as Best Lawyers: Ones to Watch® in America for 2024.

Nevada’s S.B. 248 Medical Debt Collection Law Barely Survives Constitutional Challenge

Two years ago, the ACA, several debt collectors, debt buyers and a debt collection law firm filed a lawsuit through Sessions, Israel & Shartle, LLC and Brownstein Hyatt Farber Schreck, LLP seeking to prohibit S.B. 248 from becoming effective. 

Furnishers Beware – Correcting Credit Reporting Mistakes Can Still Get You Sued

What happens when you credit report information by mistake, follow the Fair Credit Reporting Act and fix it? One court finds that e-OSCAR worked and there was no liability ruling with a furnisher’s timely FCRA 30-day response.

Whitney White Selected to 2023 Texas Super Lawyers Rising Stars

Sessions, Israel & Shartle proudly announces that for the fifth year running Whitney White, a partner in our Dallas Office, has been named by Super Lawyers as a Rising Star in Consumer Law.

Thanks For Nothing – Court Rules CFPB’s Safe Harbor For Model Notice Does Not Apply To FDCPA Claims

While most are still recovering from the 11/10/21 Reg. F deadline and the time, effort and expense of gearing up, we all believed that once the work was done, we would have clear rules and a “safe harbor” that would result in fewer silly lawsuits – especially with the Model Notice. Wrong!

FDCPA Takes Back Seat To Collection Lawyer – Court Says Letter To Lawyer Not Subject To FDCPA

What happens when a debt collector sends a letter to a lawyer on behalf of that lawyer’s debtor-client, and the letter potentially violates the FDCPA? According to one court in New York, nothing.

Confirming What’s “Clear and Conspicuous” Under Reg F - Illinois State Court Gets It!

In a first, a Chancery Court judge for Cook County, Illinois has ruled that an opt-opt notice contained within a collection e-mail satisfied Reg. F’s dual requirements of describing a simple opt out process and providing a clear and conspicuous opt-out disclosure.

Change Your Reg. F Initial Demand Letter? Court Says No Obligation to Use Model Notice

In a contract dispute, not a consumer defense case, a federal trial court in Illinois just confirmed what was suspected but not entirely clear in Regulation F – the CFPB model notice is more of a suggestion than a legal requirement.

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? A federal trial court in Chicago concluded that a debt collector could be violating the FDCPA when broadcasting a local area code on its Caller ID when the caller did not have a physical presence in that area.

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

The April 21, 2021 Hunstein v. Preferred Collection and Management Services Inc. 3-judge ruling issued from the federal 11th Circuit Court of Appeals started a tidal wave of litigation. The court first found that transmitting a data file to a letter vendor could violate the FDCPA with the improper the disclosure of information about the debt to a third-party (the printer). After a 3-judge rehearing and then a very special appeal to the full 12-judge 11th Circuit during February 2022, on September 8, the court released its long-awaited decision. The Sessions Firm represented several clients in the appeal.




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