FTC Has Power Under § 19 of the FTC Act to Freeze Assets and Impose Receivership for Violations of the Telemarketing Sales Rule
Posted on Feb 15, 2023 in Consumer Protection | Comments Off on FTC Has Power Under § 19 of the FTC Act to Freeze Assets and Impose Receivership for Violations of the Telemarketing Sales Rule
Even after the Supreme Court limited the power of the Federal Trade Commission to receive monetary relief under § 13(b) of the Federal Trade Commission Act, the FTC still has authority under § 19(b) of the FTC Act to freeze assets and impose a receivership, the Eleventh Circuit ruled in FTC v. Simple Health Plans LLC, 2023 U.S. App. LEXIS 2192 (11th Cir. Jan. 27, 2023). The FTC brought...
Modified Chapter 11 Plan Required Re-Solicitation and Re-Voting
Posted on Jan 30, 2023 in Bankruptcy | Comments Off on Modified Chapter 11 Plan Required Re-Solicitation and Re-Voting
A modification of a Chapter 11 bankruptcy plan on the eve of the hearing on confirmation of that plan requires re-solicitation of votes and re-voting if the modification materially and adversely affects a class of claims or interests, i.e., equity holders, according to the Eleventh Circuit’s opinion in In re America-CV Station Group, Inc., 56 F.4th 1302 (11th Cir. Jan. 5, 2023). The...
What Is an Illegal Human Life Wagering Contract?
Posted on Jan 18, 2023 in Insurance | Comments Off on What Is an Illegal Human Life Wagering Contract?
According to the Eleventh Circuit, that life insurance policy you took out on your own life with the intent to sell it to a stranger may not in fact be void as an illegal wagering contract. In Jackson National Life Insurance Co. v. Crum, 54 F.4th 1312 (11th Cir. 2022), the Eleventh Circuit adopted the Georgia Supreme Court’s answer to a certified question on this subject,...
Certain Mortgage Communications Must Comply with Both the Truth in Lending Act and the Fair Debt Collection Practices Act
Posted on Oct 2, 2022 in Consumer Protection | Comments Off on Certain Mortgage Communications Must Comply with Both the Truth in Lending Act and the Fair Debt Collection Practices Act
The Eleventh Circuit has held again that certain mortgage servicing communications required under the Truth in Lending Act (TILA) and sent to a borrower also can be subject to the Fair Debt Collection Practices Act (FDCPA). Lamirand v. Fay Servicing, LLC, 38 F.4th 976 (11th Cir. 2022). The court vacated an order dismissing the complaint filed by borrowers who received monthly...
Sharing Information with Trusted Vendors Does Not Confer Article III Standing for FDCPA Claim
Posted on Sep 17, 2022 in Jurisdiction | Comments Off on Sharing Information with Trusted Vendors Does Not Confer Article III Standing for FDCPA Claim
The en banc Eleventh Circuit has issued its third and presumably final opinion in the tortured history of Hunstein v. Preferred Collection & Management Services, Inc., 2022 U.S. App. LEXIS 25233 (11th Cir. Sept. 8, 2022). The court held that the plaintiff failed to allege facts sufficient to establish Article III standing to assert a claim under the Fair Debt Collection Practices...