The Hunstein Case: Upending Servicing and Debt Collection?

Our Financial Services Litigation and Financial Services & Products Groups examine the trials and tribulations facing the debt collection industry following a pair of Eleventh Circuit decisions on what “communication” really means under the Fair Debt Collections Practices Act.

A&B Abstract: In Daniels v. Select Portfolio Servicing, Inc., 2022 U.S. App. LEXIS 14013 (11th Cir. May 24, 2022) a panel of the Eleventh Circuit addressed the question “whether a required monthly mortgage statement that generally complies with the TILA and its regulations can plausibly be a communication ‘in connection with the collection of a […]

The post Eleventh Circuit Finds Monthly Mortgage Statement Containing Boilerplate “This Is An Attempt To Collect A Debt” Language Constitutes A Communication “In Connection With The Collection of A Debt” Under The FDCPA appeared first on Alston & Bird Consumer Finance ABstract.

The FDCPA isn’t always as simple as ABC. Our Litigation Group examines the Eleventh Circuit’s recent ruling relating to when disclosure of sensitive information can create standing even when it doesn’t create tangible harm or a risk of real harm.

In a rare change to federal antitrust law, new legislation went into effect in January 2021 that eliminates some immunities for health insurers. This article discusses how the legislation may signal support for broadening federal and state antitrust laws that impact the healthcare industry overall.