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

A&B Abstract: When litigating in federal court, government agencies are not exempt from the rules of discovery.  The Eleventh Circuit reminded the Consumer Financial Protection Bureau (“CFPB”) of this in its recent decision CFPB v. Brown, et al., No. 21-14468 (11th Cir. 2023).  There, the Court affirmed a district court’s sanctions order dismissing the CFPB’s claims […]

The post Being a Government Agency is not an Exception to the Federal Discovery Rules appeared first on Alston & Bird Consumer Finance ABstract.

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: The Eleventh Circuit’s recent decision in Muransky v. Godiva Chocolatier, Inc., No. 16-16486 (11th Cir. Oct 28, 2020) marks a shift in the court’s position regarding what a consumer plaintiff must allege in order to demonstrate Article III standing under Spokeo, Inc. v. Robins.  Although a three-judge panel of the court previously held […]

The post Eleventh Circuit Is Not So Sweet To Consumer Plaintiffs Alleging FACTA Violations appeared first on Alston & Bird Consumer Finance ABstract.

A&B Abstract: Recent cases by the Eleventh Circuit and the D.C. Circuit deepen the divide among the courts on the standing of consumers to sue for violations of the Fair and Accurate Credit Transactions Act (“FACTA”).  In Muransky v. Godiva Chocolatier, Inc., 922 F.3d 1175 (11th Cir. 2019) and Jeffries v. Volume Services of America, […]

The post Recent Cases Deepen the Divide Among Circuits on Standing to Sue for Violations of FACTA appeared first on Alston & Bird Consumer Finance ABstract.

Daniel Diffley, Blake Simon, and Melissa Quintana are noted for representing State Farm before the Eleventh Circuit.