Eversheds Sutherland 11th Circuit Business Blog
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FDCPA Standing Case To Be Reheard En Banc

The full court will rehear Hunstein v. Preferred Collection & Mgmt. Svcs., Inc., in which a panel of the court determined that a consumer had standing to challenge under the FDCPA a debt collector’s provision of information to a third-party mail service. You can read our prior post on the case here.

Debt Collector’s Provision of Consumer Information to Mail Service Is Actionable Under FDCPA

Note: on November 17, 2021, the court ordered that this case be reheard en banc. In Hunstein v. Preferred Collection & Management Services, Inc., 2021 WL 1556069 (11th Cir. Apr. 21, 2021), the Eleventh Circuit held that a consumer had standing to challenge a debt collector’s provision of the consumer’s information to a third-party mail service and that the consumer’s allegations...

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...

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