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 […]
About Chris Riley
Eleventh Circuit Is Not So Sweet To Consumer Plaintiffs Alleging FACTA Violations
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 […]
Supreme Court Cases Threaten a “Cornerstone” of the FTC’s Enforcement Program – Disgorgement
A&B ABstract: For decades, the FTC has pursued defendants allegedly engaged in “unfair or deceptive acts or practices in or affecting commerce” in violation of the FTC Act.[i] Specifically, the FTC has used Section 13(b) of the FTC Act to file dozens of lawsuits in federal court each year and recover billions of dollars in […]
Recent Cases Deepen the Divide Among Circuits on Standing to Sue for Violations of FACTA
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, […]