March 11, 2022
Publications
Brief Executive Summary
In Woods v. LVNV Funding, the Seventh Circuit Court of Appeals clarified two standards for FDCPA claims in identity theft cases. First, the court somewhat lowered the required showing to prove that a debt is a “consumer debt” at the summary judgment phase, noting that the FDCPA does
February 18, 2022
Publications
The U.S. Court of Appeals for the Fifth Circuit recently issued an opinion vacating an over $4.3 million fee award to class counsel. Fessler v. Porcelana Corona De Mexico, S.A. DE C.V., 23 F.4th 408 (5th Cir. 2022). The opinion provides defendants with additional support to limit fee awards in class
November 10, 2021
Publications
In connection with large public works projects, negotiating voluntary acquisitions with each landowner is generally the most efficient and preferable method to secure the property rights necessary to complete the project. However, although most property interests are acquired voluntarily, initiating condemnation proceedings against select landowners is oftentimes necessary to ensure the
June 30, 2021
Publications
As part of the flurry of its end-of-term opinions, the U.S. Supreme Court recently issued its opinion in TransUnion LLC v. Ramirez, 594 U.S. ____ (2021) confirming that plaintiffs who have suffered no concrete harm have no standing to sue in federal court under Article III of the U.S. Constitution. As
June 2, 2021
Publications
For any attorney, whether new or seasoned, this can be a terrifying possibility. Privilege waivers can happen at any time and can have devastating consequences for your client’s case. This possibility is made even more precarious when one considers that jurisdictions have varying guidelines when it comes to what constitutes a
April 22, 2021
Publications
The Eleventh Circuit in Hunstein v. Preferred Collection and Management Services, Inc. issued an opinion yesterday that confronted an issue of first impression, namely, whether a debt collector can use a third party vendor to send collection letters without violating the Fair Debt Collection Practices Act (“FDCPA”). The facts were simple.
April 2, 2021
Publications
In the recent Third Circuit opinion rendered in Moyer v. Patenaude & Felix, A.P.C., the plaintiff brought a putative class action alleging that Patenaude & Felix violated the Fair Debt Collection Practices Act (“FDCPA”) by sending her a single collection letter. The letter advised the plaintiff that her debt had been
April 1, 2021
Publications
The Minnesota Supreme Court recently ruled that a large home improvement retailer cannot claim a sales tax offset based on uncollectible debts from purchases made on its private label credit card, in the case Menard, Inc. v. Commissioner of Revenue, case number A20-0241. The home improvement retailer, attempted to offset its sales
March 15, 2021
Publications
The Consumer Financial Protection Bureau (CFPB) recently considered eliminating strict liability for one category of claims under the Fair Debt Collection Practices Act (FDCPA): claims asserting that a debt collector brought or threatened to bring legal action to collect a time-barred debt. The proposed revision to Regulation F would have required
March 8, 2021
Publications
The Fair Debt Collection Practices Act (“FDCPA”) was enacted in 1977 to eliminate abusive debt collection practices. 15 U.S.C. § 1692(e). To further that goal, section 1692e of the FDCPA prohibits a debt collector from using false, deceptive, and misleading representations; section 1692f prohibits a debt collector from using unfair or