Passing the Test: ADA “Tester” Plaintiff Has Standing to Sue Based on Lack of Information on Hotel’s Website
Posted on Apr 26, 2022 in Jurisdiction | Comments Off on Passing the Test: ADA “Tester” Plaintiff Has Standing to Sue Based on Lack of Information on Hotel’s Website
An ADA plaintiff sufficiently pleaded a concrete intangible injury, and thus had standing to sue, when she alleged that she was unable to access information on a hotel’s website about accommodations for persons with disabilities, even though she visited the hotel only as a “tester” plaintiff and had no intent to return. Laufer v. Arpan LLC, 2022 U.S. App. LEXIS 8270 (11th Cir. Mar. 29,...
FDCPA Standing Case To Be Reheard En Banc
Posted on Dec 10, 2021 in Uncategorized | Comments Off on FDCPA Standing Case To Be Reheard En Banc
The full court will rehear Hunstein v. Preferred Collection & Mgmt. Svcs., Inc., in which a panel of the court determined that a consumer had standing to challenge under the FDCPA a debt collector’s provision of information to a third-party mail service. You can read our prior post on the case here.
Credit Reporting Agency’s Procedures and Investigation to Ensure FCRA Accurate Reporting Not Reasonable Enough for Summary Judgment
Posted on May 6, 2021 in Bankruptcy, Consumer Protection | Comments Off on Credit Reporting Agency’s Procedures and Investigation to Ensure FCRA Accurate Reporting Not Reasonable Enough for Summary Judgment
In Losch v. Nationstar Mortgage LLC, 2021 WL 1653016 (11th Cir. Apr. 28, 2021), the Eleventh Circuit considered whether the defendant Experian violated the Fair Credit Reporting Act’s requirements that a credit-reporting agency employ “reasonable procedures to assure maximum possible accuracy of the information concerning the individual” when preparing credit reports, 15 U.S.C. §...
Class Claims for Declaratory and Supplemental Relief Remanded to State Court
Posted on Apr 30, 2021 in Jurisdiction | Comments Off on Class Claims for Declaratory and Supplemental Relief Remanded to State Court
In Mack v. USAA Casualty Insurance Co., 2021 WL 1572709 (11th Cir. Apr. 22, 2021), the Eleventh Circuit dismissed for lack of an Article III “case or controversy” a putative class action in which the plaintiff sought a declaration that his insurer’s adjustment of total loss claims violates Florida law and money damages as corresponding “supplemental relief.” Leroy Mack brought an...
Debt Collector’s Provision of Consumer Information to Mail Service Is Actionable Under FDCPA
Posted on Apr 29, 2021 in Consumer Protection | Comments Off on Debt Collector’s Provision of Consumer Information to Mail Service Is Actionable Under FDCPA
Note: on November 17, 2021, the court ordered that this case be reheard en banc. In Hunstein v. Preferred Collection & Management Services, Inc., 2021 WL 1556069 (11th Cir. Apr. 21, 2021), the Eleventh Circuit held that a consumer had standing to challenge a debt collector’s provision of the consumer’s information to a third-party mail service and that the consumer’s allegations...