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...
Eleventh Circuit Will Not Rehear City’s Fair Housing Act Claim
Posted on May 5, 2020 in Jurisdiction | Comments Off on Eleventh Circuit Will Not Rehear City’s Fair Housing Act Claim
The Eleventh Circuit has denied a petition to rehear en banc City of Miami Gardens v. Wells Fargo & Co., 931 F.3d 1274 (11th Cir. 2019), which dismissed for lack of standing Fair Housing Act claims brought against Wells Fargo by the City of Miami Gardens. City of Miami Gardens v. Wells Fargo & Co., 2020 WL 1983892 (11th Cir. Apr. 27, 2020). The city claimed it had standing to...
Appellate Lapses Ding Body Shops’ Antitrust Appeal
Posted on Mar 16, 2020 in Appellate Procedure | Comments Off on Appellate Lapses Ding Body Shops’ Antitrust Appeal
In another appeal from the body shops vs. insurers antitrust MDL, Automotive Alignment & Body Service, Inc. v. State Farm Mutual Automobile Insurance Co., 2020 WL 1074420 (Mar. 6, 2020), the Eleventh Circuit first delved into two procedural questions arising from lapses by appealing plaintiffs, one concerning appealability; the other, reviewability. The appellants were three...
Eleventh Circuit Weighs in on Circuit Split as to Whether Guarantors are “Applicants” under the Equal Credit Opportunity Act
Posted on Sep 3, 2019 in Consumer Protection | Comments Off on Eleventh Circuit Weighs in on Circuit Split as to Whether Guarantors are “Applicants” under the Equal Credit Opportunity Act
The Eleventh Circuit in Regions Bank v. Legal Outsource PA, 2019 WL 4051703 (11th Cir. Aug. 28, 2019), was tasked with answering a question that has divided the circuits: whether a guarantor constitutes an “applicant” under the Equal Credit Opportunity Act. And the question divided the panel as well, with Judges William Pryor and visiting District Court Judge K. Michael Moore in the...
Hotels Can’t Complain About Solicited Faxes, Even When They Don’t Require an Opt-Out Notice
Posted on Aug 1, 2019 in Consumer Protection | Comments Off on Hotels Can’t Complain About Solicited Faxes, Even When They Don’t Require an Opt-Out Notice
The Eleventh Circuit was asked in Gorss Motels, Inc. v. Safemark Systems, LP, 2019 WL 3384191 (11th Cir. July 26, 2019), to decide whether a fax recipient provided prior express permission to receive faxes from a sender under the TCPA and, if so, whether the faxes needed to contain opt-out notices under an agency regulation. The plaintiffs were hotel operators who agreed in their...