Posts in Supreme Court.

The latest update surrounding Hunstein v. Preferred Collection and Management Services, Inc., Case No. 19-14434 centers not on the Eleventh Circuit or the Hunstein decision itself but on the district courts nationwide that are considering numerous copycat cases relying on the Hunstein reasoning.

In one such recent case, Nabozny v. Optio Solutions, LLC, Case No. 21-cv-297-jdp, 2022 WL 293092 (W.D. Wis. Feb. 1, 2022), a district judge from the Western District of Wisconsin considered, and rejected, the plaintiff’s Hunstein argument, finding that Hunstein lacked persuasive ...

On June 29, 2020, the United States Supreme Court held that the structure of the Consumer Financial Protection Bureau (“CFPB”) is unconstitutional. Specifically, the Court held that the CFPB director must be dischargeable at will by the president to prevent infringing upon the separation of powers between the legislative and the executive branches.  Chief Justice John Roberts wrote the majority decision. The ruling may create an avenue to challenge nearly a decade’s worth of rulings and penalties issued by the CFPB since its creation in 2010.

Appellant Siela Law argued that ...

Posted in: CFPB, Supreme Court

On April 18, 2019, the Florida Supreme Court issued a surprise ruling withdrawing its January 4, 2019 opinion in Nationstar Mortgage LLC v. Glass. The Florida Supreme Court’s opinion, which reversed the Fourth District Court of Appeal ruling in a case of the same name, 219 So. 3d 896, discussed when a defendant in foreclosure can recover attorney’s fees under the attorney’s fee provisions found in loan documents after the defendant prevails on a standing defense.

Originally, the Fourth District Court of Appeal held that the borrower who prevails on standing by arguing the ...

On June 12, 2017, the Supreme Court in Henson v. Santander Consumer USA Inc. unanimously held that a debt buyer is not a "debt collector" as defined by the Fair Debt Collection Practices Act ("FDCPA") if it is regularly collecting debts that it owns, even if the debts were originated by a third party and purchased after default. Rather, according to the plain text of the statutory definition at issue, a debt buyer must be collecting debts owned by (and owed to) a third party in order to be considered a "debt collector" and therefore subject to the FDCPA.

The Court's analysis examined the ...

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