No Safe Harbor in Florida If Financing Statement Misnames the Debtor
Posted on Oct 5, 2022 in Consumer Protection | Comments Off on No Safe Harbor in Florida If Financing Statement Misnames the Debtor
As we reported here, the Eleventh Circuit recently certified to the Florida Supreme Court a series of questions about the consequences under Florida law of a misnamed debtor in a UCC-1 financing statement. Florida law provides that a financing statement is “seriously misleading” if it does not include the debtor’s correct name, but provides a safe harbor where “a search of the records...
A Debtor by Any Other Name? Court Certifies Question to Florida Supreme Court
Posted on Dec 24, 2021 in Commercial Law and Business Torts | Comments Off on A Debtor by Any Other Name? Court Certifies Question to Florida Supreme Court
Florida law provides that a UCC-1 financing statement is “seriously misleading” if it does not include the debtor’s correct name, unless “a search of the records of the filing office under the debtor’s correct name, using the filing office’s standard search logic, if any, would disclose” the financing statement notwithstanding the misnomer. But how much of a search is required? The...
Would-Be TCPA Plaintiff Cannot Unilaterally Revoke Contractual Consent to be Called
Posted on May 7, 2020 in Consumer Protection | Comments Off on Would-Be TCPA Plaintiff Cannot Unilaterally Revoke Contractual Consent to be Called
The Eleventh Circuit has joined the Second in holding that consent to be called using an autodialer and/or prerecorded messages, given as part of a contract, cannot be unilaterally withdrawn. Medley v. DISH Network, LLC, 2020 WL 2092594 (11th Cir. May 1, 2020). Linda Medley entered into a 24-month agreement with DISH Network to receive satellite television services for a monthly fee. ...
Filing Proof of Stale Claim in Chapter 13 Bankruptcy Held to Violate FDCPA
Posted on Jun 2, 2016 in Bankruptcy | Comments Off on Filing Proof of Stale Claim in Chapter 13 Bankruptcy Held to Violate FDCPA
In the consolidated appeals of Johnson v. Midland Funding, LLC and Brock v. Resurgent Capital Services, L.P., Nos. 15-11240 and 15-14116, 2016 WL 2996372 (11th Cir. May 24, 2016), the Eleventh Circuit doubled down on its previous holding that filing “a proof of claim to collect a stale debt in Chapter 13 bankruptcy violates the Fair Debt Collection Practices Act,” Crawford v. LVNV...