Consumer Finance Litigation Blog | Burr & Forman LLP https://www.burr.com/consumer-finance-litigation/2021/ Thu, 13 Aug 2026 01:42:25 -0400 Eleventh Circuit Vacates FDCPA Ruling, Will Rehear Case En Banc https://www.burr.com/consumer-finance-litigation/eleventh-circuit-vacates-fdcpa-ruling-will-rehear-case-en-banc eleventh-circuit-vacates-fdcpa-ruling-will-rehear-case-en-banc Wed, 17 Nov 2021 09:00:01 -0500 In the latest development in Hunstein v. Preferred Collection and Management Services, Inc., Case No. 19-14434, the full Eleventh Circuit Court of Appeals has vacated the previous panel’s opinion and will rehear the case en banc at a later date. In the original Hunstein opinion, the court reversed the dismissal of an action brought under the Fair Debt Collection Practices Act (“FDCPA”) that alleged a debt collector had violated the third-party disclosure provisions of the FDCPA by using a third-party mail vendor. The decision sent shockwaves through the debt collection ...

]]> Communicating with Consumers after the CFPB's Debt Collection Final Rules Take Effect https://www.burr.com/consumer-finance-litigation/communicating-with-consumers-after-the-cfpbs-debt-collection-final-rules-take-effect Alan D. Leeth communicating-with-consumers-after-the-cfpbs-debt-collection-final-rules-take-effect Thu, 04 Nov 2021 09:00:02 -0400 On November 30, 2021, the Bureau of Consumer Financial Protection's ("CFPB") October and December 2020 Final Rules take effect. Among other things, the October and December 2020 Final Rules address communications with consumers under the Fair Debt Collection Practices Act ("FDCPA"). Created in 1977, the FDCPA was intended to "eliminate abusive debt collection practices by debt collectors, to insure that those debt collectors who refrain from using abusive debt collection practices are not competitively disadvantaged, and to promote consistent state action to protect ...

]]> Seventh Circuit Reverses Summary Judgment on Fair Debt Collection Practices Claim Reasoning Lack of Standing https://www.burr.com/consumer-finance-litigation/seventh-circuit-reverses-summary-judgment-on-fair-debt-collection-practices-claim-reasoning-lack-of-standing seventh-circuit-reverses-summary-judgment-on-fair-debt-collection-practices-claim-reasoning-lack-of-standing Fri, 03 Sep 2021 09:00:03 -0400 On August 31, 2021, the Seventh Circuit Court of Appeals reversed a summary judgment decision from the United States District Court for the Northern District of Illinois, and remanded the action with instructions to dismiss for lack of subject matter jurisdiction. See Wadsworth v. Kross, Lieberman & Stone, Inc., No. 19-1400, 2021 WL 3877930 (7th Cir. 2021). The Seventh Circuit reasoned Plaintiff’s lack of Article III standing with respect to her claims brought pursuant to the Fair Debt Collection Practices Act (“FDCPA”), 15 U.S.C. § § 1692 et seq.

As background ...

]]> Alabama District Court Dismisses FCRA Claim Based on Alleged Failure to Remove Dispute Notation https://www.burr.com/consumer-finance-litigation/alabama-district-court-dismisses-fcra-claim-based-on-alleged-failure-to-remove-dispute-notation Kristen Peters Watson alabama-district-court-dismisses-fcra-claim-based-on-alleged-failure-to-remove-dispute-notation Tue, 31 Aug 2021 09:00:04 -0400 The U.S. District Court for the Middle District of Alabama joined a growing number of courts dismissing FCRA claims based upon a furnisher’s alleged failure to remove an “account in dispute” notation from consumer credit reports.  In Griffin v. Experian Information Solutions, Inc., No. 1:20-cv-801-RAH-SMD, 2021 WL 3782141 (M.D. Ala. Aug. 26, 2021), the plaintiff had four accounts that were marked as “in dispute.”  The plaintiff decided to dispute the “account in dispute” notation by contacting consumer reporting agencies (CRAs) rather than the furnishers ...

]]> Sixth Circuit Dismisses FDCPA Voicemail Case For Lack of Standing https://www.burr.com/consumer-finance-litigation/sixth-circuit-dismisses-fdcpa-voicemail-case-for-lack-of-standing Rachel R. Friedman sixth-circuit-dismisses-fdcpa-voicemail-case-for-lack-of-standing Wed, 18 Aug 2021 09:00:05 -0400 In line with the recent trend of courts giving increased scrutiny to standing in consumer finance cases, the Sixth Circuit Court of Appeals dismissed an appeal this week under the Fair Debt Collection Practices Act (“FDCPA”) for lack of Article III standing in Ward v. National Patient Account Services Solutions, Inc., No. 20-5902, 2021 WL 3616067, -- F.4th -- (6th Cir. Aug. 16, 2021).  The plaintiff alleged that NPAS, Inc. left him voicemails regarding his medical debt which simply identified itself as “NPAS” rather than “NPAS, Inc.,” which confused him as to the correct ...

]]> Investigating and Defending Identity Theft Claims Against Furnishers Under The Fair Credit Reporting Act https://www.burr.com/consumer-finance-litigation/investigating-and-defending-identity-theft-claims-against-furnishers-under-the-fair-credit-reporting-act David A. Elliott, Ryli Wallace Leader investigating-and-defending-identity-theft-claims-against-furnishers-under-the-fair-credit-reporting-act Wed, 04 Aug 2021 09:00:06 -0400 The Fair Credit Reporting Act (FCRA) was enacted to promote the accuracy, fairness, and privacy of information maintained by Consumer Reporting Agencies (CRAs).  In addition to imposing duties on the CRAs, it requires furnishers of information to provide accurate and complete information to the CRAs and to investigate any consumer disputes regarding the accuracy of that information.  Increased claims of identity theft by consumers have given rise to more disputes that accounts are not accurately being reported as belonging to those consumers.  These “identity theft” ...

]]> Upcoming Webinar: How to Defend Identity Theft Claims Under the FCRA https://www.burr.com/consumer-finance-litigation/upcoming-webinar-how-to-defend-identity-theft-claims-under-the-fcra David A. Elliott, Ryli Wallace Leader, Zachary D. Miller upcoming-webinar-how-to-defend-identity-theft-claims-under-the-fcra Wed, 28 Jul 2021 09:00:07 -0400 Increased claims of identity theft by consumers have given rise to more disputes that accounts are being inaccurately reported. Our clients are seeing a dramatic increase in the number of identity theft-related FCRA lawsuits. To learn more, please join us for a webinar, "How to Defend Identity Theft Claims Under the FCRA" on Wednesday, August 4 from 11:30 am to 12:30 pm CDT. Panelists will discuss critical elements to a reasonable identity theft investigation and techniques for defending FCRA claims related to identity theft.

Panelists will also cover the duties of a furnisher of ...

]]> Biden Administration Announces Mortgage Relief as Foreclosure Moratorium Comes to an End https://www.burr.com/consumer-finance-litigation/biden-administration-announces-mortgage-relief-as-foreclosure-moratorium-comes-to-an-end Reid S. Manley, Ryli Wallace Leader biden-administration-announces-mortgage-relief-as-foreclosure-moratorium-comes-to-an-end Tue, 27 Jul 2021 09:00:08 -0400 In just a few days, on July 31, 2021, the national moratoriums on residential evictions and foreclosures are set to expire.  With this deadline fast approaching, the Biden administration announced a new mortgage relief plan on July 23 to provide relief for individuals with federally-backed mortgages who might soon face the possibility of losing their homes.

The new program is aimed at reducing the monthly payments for individuals with qualifying mortgage loans.  Borrowers struggling to make their payments and facing foreclosure as the moratorium ends can negotiate a reduction in ...

]]> Eleventh Circuit Emphasizes Consumer’s Burden of Establishing Lender’s Unreasonability to Sustain Willfulness Claim Under the FCRA https://www.burr.com/consumer-finance-litigation/eleventh-circuit-emphasizes-consumers-burden-of-establishing-lenders-unreasonability-to-sustain-willfulness-claim-under-the-fcra Sara Solano eleventh-circuit-emphasizes-consumers-burden-of-establishing-lenders-unreasonability-to-sustain-willfulness-claim-under-the-fcra Fri, 09 Jul 2021 09:00:09 -0400 On July 6, 2021, the Eleventh Circuit issued a per curiam opinion affirming the Southern District of Alabama’s entry of summary judgment in the lender’s favor on a plaintiff’s claim under the Fair Credit Reporting Act (“FCRA”), therein finding that the district court did not err in dismissing the claim for willful violation of the FCRA because the plaintiff failed to establish that the lender’s interpretation of its obligations under the statute was objectively unreasonable.

In Ajomale v. Quicken Loans Inc., –– Fed Appx. ––, 2021 WL 2799939 (Jul. 6, 2021), the ...

]]> Supreme Court Leaves Eviction Moratorium in Place Pending Appeal in Alabama Association of Realtors v. U.S. Department of Health and Human Services https://www.burr.com/consumer-finance-litigation/supreme-court-leaves-eviction-moratorium-in-place-pending-appeal-in-alabama-association-of-realtors Reid S. Manley, Ryli Wallace Leader supreme-court-leaves-eviction-moratorium-in-place-pending-appeal-in-alabama-association-of-realtors Thu, 08 Jul 2021 09:00:10 -0400 On May 5, 2021, the United States District Court for the District of Columbia issued an opinion that the Centers for Disease Control and Prevention ("CDC") exceeded its statutory authority by issuing and extending a nationwide moratorium on evictions during the COVID-19 pandemic. See Alabama Association of Realtors v. U.S. Department of Health and Human Services, No. 20-cv-3377 (DLF) (D.D.C. May 5, 2021). A judgment was entered vacating the moratorium, which was set to expire on June 30, 2021. However, the court entered a stay of this judgment pending the outcome of an appeal to the ...

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