Skip to Content (Press Enter)

Skip to Nav (Press Enter)

Effective, Experienced, Exceptional.

Firm Profile

CEB Prac. Guide § 10A.25 -- Service Provider

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.

The Intersection of Privacy and Fair Debt Collection: District Court (Ill.) Finds No FDCPA Standing for “Hunstein” Violation Where Data Shared with Vendor was Encrypted

by Scott J. Hyman |

In Tukin v. Halsted Financial Services, LLC, Judge Wood found no Article III standing for a Hunstein claim (of sharing a consumer's data with a vendor) where the sharing was done by way of encrypted data transfer. First, of note, Judge Wood found no "glassine window" violation for use of an "Intelligent Mail Code" on the dunning letter's envelope. Count III alleges that… Read More

Under the CCPA, a defendant can be both a “business” and a “service provider.”

by Scott J. Hyman |

A South Carolina District Court Judge denied Blackbaud's Motion to Dismiss a claim for violation of the California Consumer Privacy Act.  In re Blackbaud_ Inc._ 2021 U.S. Dist. LEXIS 151831 (August 12, 2021). Here, California Plaintiffs adequately allege that Blackbaud qualifies as a "business" under the CCPA. First, they specifically maintain that "Blackbaud and its direct customers determine the purposes… Read More

Distinguishing a “business” from a “service provider” under the CCPA

by Scott J. Hyman |

In Karter v. Epiq Systems, Inc., et al., Judge Carney denied Epiq's Motion to Dismiss the CCPA cause of action. For two reasons, the Court found that Plaintiff sufficiently alleged Epiq is a "business" under the CCPA and therefore, subject to the private right of action.  "First, Plaintiff alleges that in order to perform its services, which it performs pursuant to… Read More