Eversheds Sutherland 11th Circuit Business Blog
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Fair Debt Collection Practices Act Venue for Garnishments Not Limited

Under the Fair Debt Collection Practices Act, a debt collector who sues a consumer on a debt may file the action only where the consumer signed the contract or where the consumer currently resides.  The question presented in Ray v. McCullough Payne & Haan, LLC, 2016 WL 5436776 (11th Cir. Sept. 29 2016) was whether this venue limitation applies to post-judgment proceedings to...

A Furnisher of Credit Data Must Make a Reasonable Investigation in Response to an Indirect Dispute, and Review of “Account-Level Documentation” May Be Required

In Hinkle v. Midland Credit Management, Inc., 2016 WL 3672112 (11th Cir. July 11, 2016), the Eleventh Circuit, addressing an issue of first impression, reversed summary judgment in favor of a credit data furnisher—a “down-the-line” buyer of charged-off debt—which had not requested or reviewed underlying account information after receiving a dispute from a consumer reporting agency...

Failure of Proof of Online Consumer Arbitration Agreement

Does an arbitration agreement included in a credit cardholder agreement cover claims made under the Fair Debt Collection Practices Act arising from collection of resulting credit card debt? In the Eleventh Circuit’s July 5, 2016 decision in Bazemore v. Jefferson Capital Systems, LLC, 2016 WL 3608961, the district court had held that the collection claim, brought as a putative class...

FDCPA “Initial Communications With Consumers”: A Communication to the Consumer’s Attorney Counts, and the Requirement that Disputes be “In Writing” Must Be Included

In Bishop v. Ross Earle & Bonan, P.A., 817 F.3d 1268 (11th Cir. 2016), the Eleventh Circuit, addressing three issues of first impression, held that (1) a collection notice sent to a debtor’s attorney was a “communication with a consumer” within the meaning of § 1692g of the Fair Debt Collection Practices Act (“FDCPA”); (2) the collection letter’s omission of the requirement that a...

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