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Eleventh Circuit: entity collecting debt acquired after default is not necessarily “debt collector” under FDCPA

USA - August 24 2015 In Davidson v. Capital One Bank (USA), N.A., a case closely followed by the financial services industry and handled by Burr & Forman, LLP, the…

Rachel R. Friedman

Court holds good faith belief of consent is complete defense to TCPA claim

USA - September 23 2015 In Danehy v. Time Warner Cable Enterprise LLC, No. 5:14-cv-133, 2015 WL 5534285 (E.D.N.C. Sep. 18, 2015), the United States District Court for the…

Jordan Teague

D.C. Circuit Holds Structure of CFPB Unconstitutional, Vacates $109 Million Fine Arising out of Mortgage Lender’s “Captive Reinsurance” Practice

USA - October 13 2016 On Tuesday the D.C. Circuit Court of Appeals issued what is already being touted as a landmark ruling in PHH Corp. v. Consumer Financial Protection…

Ryan J. Hebson

Florida District Court Holds Calling System Sufficiently Configured to Avoid TCPA Liability

USA - April 5 2016 As lawsuits asserting claims under the Telephone Consumer Protection Act, 47 U.S.C. § 227 (the “TCPA”), continue to rise in the wake of the…

Ryan J. Hebson

Ninth Circuit Holds Each Debt Collector Must Send a 1692g Validation Notice, Even If Previously Provided By Another Debt Collector Regarding the Same Debt

USA - July 26 2016 In Hernandez v. Williams, Zinman & Parham PC, No. 14-15672, — F.3d -, 2016 WL 3913445 (9th Cir. July 20, 2016), the Ninth Circuit Court of Appeals…

Rachel R. Friedman, Katherine West