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Circuit Court Decisions

Seventh Circuit Declines to Adopt FDCPA “Benign Language” Exception

February 19, 2020 By Consumer Finance Team

A&B ABstract: The Seventh Circuit’s ruling in Preston v. Midland Credit Mgmt. departs from other circuits that have considered whether there is a “benign language” exception under the Fair Debt Collection Practices Act (“FDCPA”). The Seventh Circuit, ruled, as the Consumer Financial Protection Bureau (“CFPB”) urged in an amicus brief, that the FDCPA does not […]

Filed Under: Circuit Court Decisions, Consumer Financial Protection Bureau (CFPB), Debt Collection, Fair Debt Collection Practices Act (FDCPA) Tagged With: #benignlanguage, #FDCPA, #Preston

Eleventh Circuit Sends a Message: One Text is Not Enough for TCPA Standing

September 3, 2019 By Kristi Ramsay

A&B Abstract: Receiving a single, unsolicited text message is not enough to establish Article III standing to sue under the Telephone Consumer Protection Act (“TCPA”), the Eleventh Circuit held in Salcedo v. Hanna.  The TCPA is a federal statute that makes it illegal to send certain types of telemarketing messages to phones and fax machines.  […]

Filed Under: Circuit Court Decisions Tagged With: TCPA, text messages

Ninth Circuit Approves Request for Interlocutory Appeal in McShannock v. JP Morgan Chase Bank N.A.

April 24, 2019 By Sam Bragg

On April 23, 2019, the Ninth Circuit approved a request for an interlocutory appeal in McShannock v. JP Morgan Chase Bank N.A.,[1] to resolve a split amongst the district courts on the reach of preemption under the Home Owners Loan Act (“HOLA”), which governs federal savings banks (“FSBs”). Given that the majority of cases involving […]

Filed Under: Circuit Court Decisions, Mortgage Loans Tagged With: FSB, Home Owners Loan Act (HOLA), Ninth Circuit

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