Photo of Marie Hervey

In a recent decision, the Eleventh Circuit affirmed the Middle District of Alabama’s dismissal of a consumer’s claim under § 1692g of the Fair Debt Collection Practices Act because he failed to state a plausible claim for relief.

Among other things, § 1692 of the FDCPA requires a debt collector to “send the consumer a

On October 31, the Supreme Court heard oral argument in Frank v. Gaos (No. 17-961), a case challenging the use and limits of cy pres deals in class action lawsuits.  

Cy pres disbursements, which distribute unclaimed settlement proceeds to certain designated organizations when such funds cannot be feasibly distributed to class members, have been a