Effective, Experienced, Exceptional.

Firm Profile

CEB Prac. Guide § 2A.22 -- Communications with Third Parties -- Third Party Standing -- Under the FDCPA

Subscribe to Consumer Finance

Thank you for your desire to subscribe to Severson & Werson’s Consumer Finance Weblog. In order to subscribe, you must provide a valid name and e-mail address. This too will be retained on our server. When you push the “subscribe button”, we will send an electronic mail to the address that you provided asking you to confirm your subscription to our Weblog. By pushing the “subscribe button”, you represent and warrant that you are over the age of 18 years old, are the owner/authorized user of that e-mail address, and are entitled to receive e-mails at that address. Our weblog will retain your name and e-mail address on its server, or the server of its web host. However, we won’t share any of this information with anyone except the Firm’s employees and contractors, except under certain extraordinary circumstances described on our Privacy Policy and (About The Consumer Finance Blog/About the Appellate Tracker Weblog) Page. NOTICE AND AGREEMENT REGARDING E-MAILS AND CALLS/TEXT MESSAGES TO LAND-LINE AND WIRELESS TELEPHONES: By providing your contact information and confirming your subscription in response to the initial e-mail that we send you, you agree to receive e-mail messages from Severson & Werson from time-to-time and understand and agree that such messages are or may be sent by means of automated dialing technology. If you have your email forwarded to other electronic media, including text messages and cellular telephone by way of VoIP, internet, social media, or otherwise, you agree to receive my messages in that way. This may result in charges to you. Your agreement and consent also extend to any other agents, affiliates, or entities to whom our communications are forwarded. You agree that you will notify Severson & Werson in writing if you revoke this agreement and that your revocation will not be effective until you notify Severson & Werson in writing. You understand and agree that you will afford Severson & Werson a reasonable time to unsubscribe you from the website, that the ability to do so depends on Severson & Werson’s press of business and access to the weblog, and that you may still receive one or more emails or communications from weblog until we are able to unsubscribe you.

District Court (Wash.) Adopts Hunstein Analysis in FDCPA Case

by Scott J. Hyman |

In Jackin v. Enhanced Recovery Co., LLC, No. 2:21-cv-00234-SMJ, 2022 U.S. Dist. LEXIS 104273, at *5-6 (E.D. Wash. June 10, 2022), Judge Mendoza adopted the Hunstein analysis in determining whether debt collectors can share consumer debt-related information with commercial mail vendors. Upon review of the record, the Court finds that Plaintiff has adequately alleged a violation of 15 U.S.C. § 1692c(b)… Read More

District Court (Cal.) Holds that Non-Debtors Find No Protection by the Rosenthal Act

by Scott J. Hyman |

In Crider v. Pacific Acquisitions & Associates, LLC, 2015 WL 6689391, at *3 (N.D.Cal., 2015), Magistrate Judge Cousins denied a Rosenthal Act plaintiff's motion for a default judgment on the basis that non-debtors are not protected by the Act. The Criders allege that Pacific violated the RFDCPA by threatening to call Ronnique's supervisor. Cal. Civ. Code. § 1788.17. To qualify for protection… Read More

7th Circuit Finds FDCPA Affords Claims to Third Party/Non-Debtors Only in Certain Circumstances

by Scott J. Hyman |

In Todd v. Collecto, Inc., --- F.3d ----, 2013 WL 5452071 (2013), the Court of Appeals for the Seventh Circuit held that the FDCPA protects third person/non-debtors in only limited circumstances.  The district court had dismissed Todd's complaint for failure to state a claim for relief, finding that Todd lacks standing to bring the FDCPA claims because he is not… Read More

District Court (Tx.) Finds No Third Party Standing Under FDCPA

by Scott J. Hyman |

In Vick v. NCO Financial Systems, Inc., 2011 WL 1157692 (E.D.Tex. 2011), Judge Ward found that a non-debtor third party had no standing to pursue a claim under the FDCPA, explaining:   NCO filed numerous objections to the report (Dkt. No. 96). The court overrules NCO's objections, except as to the issue of whether Mr. Vick has third-party standing to… Read More