On November 17, a majority of the active judges of the U.S. Court of Appeals for the Eleventh Circuit issued an order sua sponte to rehear Hunstein v. Preferred Collection and Management Services, Inc., en banc.  The order also vacates the October 28 opinion, meaning that the opinion is no longer binding precedent in the Eleventh Circuit.  The Eleventh Circuit will next state the specific issues on which it requests briefing and establish the timing for rehearing en banc.

Continue Reading Eleventh Circuit orders en banc rehearing in 𝘏𝘶𝘯𝘴𝘵𝘦𝘪𝘯

On November 8, New York Governor Kathy Hochul signed into law the Consumer Credit Fairness Act (Act) (S.153/A.2382).  The Act contains a series of amendments to New York’s Civil Practice Law and Rules (CPLR) that significantly impact debt collection lawsuits filed in New York state courts by creditors and third-party debt collectors.  The key amendments to the CPLR include the following:

Continue Reading New York Enacts Consumer Credit Fairness Act, Impacting Debt Collection Actions