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Court Compels Individual Arbitration of Consumer Class Action

In Larsen v. Citibank FSB, 871 F.3d 1295 (11th Cir. Sept. 26, 2017), the Eleventh Circuit reversed the Southern District of Florida’s denial of a motion to compel arbitration of a consumer debt class action.  The plaintiff, David Johnson, filed a putative class action alleging that Defendant KeyBank had improperly changed the sequence of debit card transactions to maximize overdraft...

Supreme Court Scorecard: Looking Back at the 2016 Term and Forward to October

After a tough record in 2015, the Eleventh Circuit batted .400 last term at the U.S. Supreme Court. In the Court’s five merits decisions on appeal from the Eleventh Circuit, two judgments were affirmed, two were reversed, and one was vacated. The two affirmances were both in criminal cases with majority opinions by Justice Thomas. In Beckles v. United States, 137 S. Ct. 886 (Mar. 6,...

Supreme Court to Decide Interplay Between Bankruptcy Code and FDCPA

This past Tuesday, the Supreme Court granted certiorari in Midland Funding, LLC v. Johnson, No. 16-348 (cert. granted Oct. 11, 2016), to review the Eleventh Circuit’s holding that filing a stale proof of claim in a consumer bankruptcy violates the Fair Debt Collection Practices Act. For more details on the Eleventh Circuit’s opinion, 823 F.3d 1334 (11th Cir. 2016), see our previous...

Fair Debt Collection Practices Act Venue for Garnishments Not Limited

Under the Fair Debt Collection Practices Act, a debt collector who sues a consumer on a debt may file the action only where the consumer signed the contract or where the consumer currently resides.  The question presented in Ray v. McCullough Payne & Haan, LLC, 2016 WL 5436776 (11th Cir. Sept. 29 2016) was whether this venue limitation applies to post-judgment proceedings to...

Failure of Proof of Online Consumer Arbitration Agreement

Does an arbitration agreement included in a credit cardholder agreement cover claims made under the Fair Debt Collection Practices Act arising from collection of resulting credit card debt? In the Eleventh Circuit’s July 5, 2016 decision in Bazemore v. Jefferson Capital Systems, LLC, 2016 WL 3608961, the district court had held that the collection claim, brought as a putative class...

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