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Eleventh Circuit: while FDCPA applies to litigation activity, higher standard may be required to establish violation

USA - July 1 2015 On Tuesday, the Eleventh Circuit Court of Appeals expanded the scope of conduct that is actionable under the Fair Debt Collection Practices Act…

FCC’s TCPA “fact sheet” provides little hope for relief sought by businesses

USA - May 29 2015 For several years, numerous businesses and industry groups have petitioned the Federal Communications Commission (“FCC”) to provide clarity to the…

U.S. Supreme Court to use TCPA to determine power of Rule 68 offers of judgment

USA - May 18 2015 Three weeks ago, the U.S. Supreme Court raised eyebrows when it granted certiorari in Spokeo, Inc. v. Robins, — S.Ct. —, 2015 WL 1879778 (Apr. 27…

Will the U.S. Supreme Court use Robins v. Spokeo to finally address “standing” in the absence of actual injury?

USA - April 29 2015 Since the Constitution was ratified, 226 years ago, potential plaintiffs have been required to first establish that they have a “case or controversy”…

Mais v. Gulf Coast Collection Bureau: Eleventh Circuit provides creditors TCPA relief

USA - September 30 2014 In May 2013, a ruling from the U.S. District Court for the Southern District of Florida caused great concern among creditors and debt collectors by…