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...
Eleventh Circuit Splits with Ninth in Holding that Recipient of a Single Unsolicited Text Message Lacks Standing to Assert a TCPA Claim
Posted on Aug 29, 2019 in Jurisdiction | Comments Off on Eleventh Circuit Splits with Ninth in Holding that Recipient of a Single Unsolicited Text Message Lacks Standing to Assert a TCPA Claim
John Salcedo received a single unsolicited text message from the firm of his former lawyer, offering a discount on future services. Salcedo sued the lawyer and the law firm, seeking statutory and treble damages for alleged violation of the Telephone Consumer Protection Act (“TCPA”). In his complaint, Salcedo alleged that the text message caused him “to waste his time answering or...
“Once-Upon-A-Time” Injury Insufficient to Establish Article III Standing to Seek Declaratory and Injunctive Relief
Posted on May 14, 2019 in Jurisdiction | Comments Off on “Once-Upon-A-Time” Injury Insufficient to Establish Article III Standing to Seek Declaratory and Injunctive Relief
The Eleventh Circuit has dismissed for lack of standing a trucking company’s suit for declaratory and injunctive relief against the Federal Motor Carrier Safety Administration (“FMCSA”). Flat Creek Trans., LLC v. Federal Motor Carrier Safety Admin., 2019 WL 2049770 (May 9, 2019). Flat Creek Transportation claimed that FMCSA had unfairly targeted the company for compliance reviews,...
Class-Action Plaintiff Lacks Standing to Challenge Policy Interpretation After Exhaustion of Personal Insurance Benefits
Posted on Apr 22, 2019 in Class Actions | Comments Off on Class-Action Plaintiff Lacks Standing to Challenge Policy Interpretation After Exhaustion of Personal Insurance Benefits
Citing a lack of standing, the Eleventh Circuit threw out an insurance class action that had been pending for several years in A&M Gerber Chiropractic LLC v. GEICO General Insurance Co., 2019 WL 1746869 (11th Cir. Apr. 19, 2019), leaving unsettled an “important issue” related to personal-injury-protection (PIP) benefits under Florida’s Motor Vehicle No-Fault Law. The named...
Disclosure of Additional Digits on a Credit Card Receipt Sufficient to Confer Article III Standing to Bring a FACTA Claim
Posted on Oct 5, 2018 in Consumer Protection | Comments Off on Disclosure of Additional Digits on a Credit Card Receipt Sufficient to Confer Article III Standing to Bring a FACTA Claim
The Eleventh Circuit has held that a plaintiff has standing to pursue a claim under the Fair and Accurate Credit Transactions Act (“FACTA”) if a merchant discloses too many digits of a credit card number on a receipt, even without subsequent misuse of the plaintiff’s identity or credit card. Muransky v. Godiva Chocolatier, Inc., 2018 WL 4762434 (11th Cir. Oct. 3, 2018). Muransky filed...