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…
Category: Consumer Protection
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,…
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)…