Eversheds Sutherland 11th Circuit Business Blog
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HVAC Heater Case Won’t Be Heating Up: Dismissal Affirmed

The Eleventh Circuit’s decision on Monday in Warren Technology, Inc. v. UL LLC, 2020 WL 3406585 (11th Cir. June 22, 2020), turned on the basic question of whether the complaint’s allegation of a misrepresentation was a fact that needed to be accepted as true or could be ignored as a mere conclusory allegation. Defendant UL LLC is a nationally recognized testing laboratory that tests...

Bankruptcy Preemption/Preclusion Defense Does Not Preclude Class Certification in FDCPA/FCCPA Case

In an opinion vacating a district court order denying class certification, the Eleventh Circuit held that whether the Bankruptcy Code precludes and/or preempts the Fair Debt Collection Practices Act (“FDCPA”), 15 U.S.C. § 1962 et seq., and the Florida Consumer Collection Practices Act (“FCCPA”), Fla. Stat. § 559.55 et seq., raised issues common to all class members.  Sellers v....

Moving to Reschedule Foreclosure Sale Does Not Violate RESPA Regulations

Last month, in Landau v. RoundPoint Mortgage Servicing Corp., the Eleventh Circuit held that a mortgage loan servicer may move to reschedule a previously ordered foreclosure sale after a borrower submits a completed loss mitigation application.  925 F.3d 1365 (11th Cir. June 11, 2019).  The court rejected the plaintiff’s argument that moving to reschedule a foreclosure sale violates...

Offer to “Resolve” Time-Barred Debt States Fair Debt Collection Claim

The Eleventh Circuit took on a circuit-splitting issue under the Fair Debt Collection Practices Act in Holzman v. Malcolm S. Gerald & Associates, 2019 WL 1495642 (11th Cir. Apr. 5, 2019).  The case arose from the defendants’ efforts to collect a time-barred debt.  The plaintiff alleged that the collection letter he received was “false, deceptive, or misleading,” in violation of...

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...

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