The Eleventh Circuit recently weighed in on a common practice—reporting debts subject to bankruptcy. In the process of so doing, the opinion in Losch v. Nationstar Mortgage LLC provided litigants some key insights in Fair Credit Reporting Act (“FCRA”) compliance and litigation strategies, as well as adding another wrinkle in the growing complexity of standing
To start with the headline, on April 21, 2021, the Eleventh Circuit Court of Appeals held that a debt collector sending personal identifying information to dunning letter vendors states a claim under the Fair Debt Collection Practices Act (FDCPA). To boot, an allegation that such activity occurred is sufficient to show a concrete injury conferring
Few decisions in the world of the Telephone Consumer Protection Act (“TCPA”) have been more awaited than Facebook, Inc. v. Duguid, 592 U.S. — (2021). There, the Supreme Court of the United States (“SCOTUS”) wrestled with the ultimate TCPA question: “whether [an automatic telephone dialing system] encompasses equipment that can ‘store’ and dial telephone
Two recent opinions show that litigants should always determine whether compelling arbitration is viable tactic in fighting claims under the Telephone Consumer Protection Act (TCPA). In Fridman v. Uber Tech. Inc., two plaintiffs—one a former driver, the other a rejected applicant—sued Uber regarding unsolicited text messages to their cell phones, allegedly in violation of
