FDCPA

In case you missed it, below are recent posts from Consumer Privacy World covering the latest developments on data privacy, security and innovation. Please reach out to the authors if you are interested in additional information.

CPW’s Shea Leitch and Kyle Dull to Speak at ACC South Florida’s 12th Annual CLE Conference

CPW’s David Oberly

CPW’s Kristin Bryan, a 2022 Law360 Privacy & Cybersecurity MVP as well as a featured subject matter expert for LexisNexis, Jesse Taylor and Shing Tse teamed up to co-author a chapter of the Lexis Practical Guidance titled “Privacy, Cybersecurity and Data Breach Litigation: Key Laws and Considerations. In this practice

A Seventh Circuit district court recently clarified that a Fair Debt Collection Practice (“FDCPA”) plaintiff may not satisfy Article III’s injury-in-fact requirement by alleging confusion and aggravation, even where a complaint generally alleges actual damages.

In Suxstorf v. Portfolio Recovery Assocs. LLC, Plaintiff brought claims under the FDCPA, 15 U.S.C. § 1692e against Defendant, Portfolio Recovery Associates LLC, a debt collector. In connection with an outstanding debt, Defendant sent Plaintiff a “permanent hardship” letter, in which Defendant offered to pause or cease its collection efforts upon a showing of permanent hardship. Defendant attached to the letter a “Permanent Hardship Request Form,” in which it requested certain consumer information to evidence permanent hardship, including: the consumer’s date of birth, the last four digits of the consumer’s Social Security number, the consumer’s employment status, whether the consumer is receiving unemployment benefits, whether the consumer is receiving Social Security benefits or any other financial assistance from the government, any other sources of income and a description of any financial hardship and the duration of that hardship.

Plaintiff alleged that Defendant’s request for such information was under false pretenses and that the actual purpose of requesting the information was to determine whether to bring suit against the consumer based on the information obtained from the permanent hardship letter. Plaintiff alleged that this practice violated, among other statutes, the FDCPA, 15 U.S.C. § 1692e(10), which prohibits a debt collector from using “any false representation or deceptive means to collect or attempt to collect any debt or to obtain information concerning a consumer.” 15 U.S.C. § 1692e(10). Plaintiff alleges that he was confused and misled by the letter and that he was required to spend time and money investigating the letter and the consequences of his response.  Continue Reading Federal Court Clarifies the Article III Standing Requirement for FDCPA Violations

2021 has been a monumental year in many ways, and consumer financial privacy litigation and enforcement was no exception.  In the executive branch, the Biden Administration focused on strengthening individual privacy protections and limiting the disclosure of sensitive data.  Meanwhile, the Supreme Court’s decision in TransUnion LLC v. Ramirez continues to have a long-lasting impact

In case you missed it, below is a summary of recent posts from CPW.  Please feel free to reach out if you are interested in additional information on any of the developments covered.

Multi-Million Dollar Settlement Reached in BIPA Litigation That Went Up to Seventh Circuit – Consumer Privacy World

Eleventh Circuits Orders Rehearing En

In a move that shocked no one, the Eleventh Circuit Court of Appeals issued an order vacating its last opinion in Hunstein vs. Preferred Collection & Management Services, Inc., and ordered the case to be reheard en banc.  This development is just the latest in one of the most significant financial privacy litigations

In a surprise move last week, the Eleventh Circuit vacated its prior ruling in Hunstein but nevertheless doubled down on in a decision that will continue to allow the new wave of claims under the Fair Debt Collection Practices Act (“FDCPA”) to continue in federal courts.  Read on to learn more and what it means

In case you missed it, below is a summary of recent posts from CPW.  Please feel free to reach out if you are interested in additional information on any of the developments covered.

In re Blackbaud MDL Update: Several of Plaintiffs’ Statutory Claims Survive Motion to Dismiss | Consumer Privacy World

Privilege Takeaways From Three

In recent years, Fair Debt Collection Practices Act (“FDCPA”) litigation has exploded—and particularly so in the Eastern District of New York, one of the busiest FDCPA dockets in America.  Increasingly, the theories of liability in many FDCPA cases have become increasingly attenuated, and focused primarily on the recovery of fees for plaintiffs’ counsel rather than