Eleventh Circuit Holds Risk of Future Harm Does Not Establish Article III Standing

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.

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

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.

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.