Tag Archives: Eleventh Circuit

Eleventh Circuit Creates Circuit Split as to Who Decides Whether an Arbitration Agreement Permits Class Arbitration

As the U.S. Supreme Court observed memorably in First Options of Chicago, Inc. v. Kaplan,[1] arbitration disputes often raise “three types of disagreement” relevant to resolution of the dispute: (1) a disagreement as to the merits of the dispute; (2) a disagreement as to whether the dispute is subject to arbitration; and (3) a dispute … Continue reading this entry

Mais Reversed: If You Give Me Your Number, I Can Call It, However I Want

“If you give me your number, I can call it, however I want.” For more than twenty years this statement has summarized the Federal Communications Commission view of prior express consent under the Telephone Consumer Protection Act. On September 29, 2014, the United States Court of Appeals for the Eleventh Circuit vindicated that view by overruling an … Continue reading this entry

Eleventh Circuit Further Muddies the Waters for Collectors

The Telephone Consumer Protection Act’s safe harbor for calls made with the prior express consent of the called party is destroyed the moment the debtor says, “Stop calling me!” So too, a collector can be liable for autodialed calls to a third party even though a debtor gives that number as her own. These are … Continue reading this entry

An Assessment of Security Procedures – Eleventh Circuit Reversal of Safe Harbor Application Finding

For banks operating in Florida (or other jurisdictions with similar provisions regarding security procedures for payment orders), the Eleventh Circuit has recently issued an opinion that may call into question the validity of existing security procedures and the corresponding applicability of the safe-harbor risk shifting provision of Fla. Stat. §670.202. In Chavez v. Mercantil CommerceBank, … Continue reading this entry

Eleventh Circuit Recognizes Individual Sale of Item over the Internet as Both a Commercial and a Consumer Transaction

In a recent case before the Eleventh Circuit (Oppenheim v. I.C. System, Inc.), the court upheld a jury award of $1,000 in statutory damages and $20,986.21 in attorneys fees and costs against the defendant — a debt collector hired by PayPal to collect monies owed by plaintiff pursuant to PayPal’s contract for services. Plaintiff used PayPal to process payment for the sale of his … Continue reading this entry

Ninth Circuit Creates Split About the Meaning of the Word "Sue" as Used in the CROA

The Credit Repair Organizations Act (CROA), found at 15 U.S.C. § 1679, was enacted to ensure consumers of services of credit repair organizations are provided with the information necessary to make informed decisions regarding the purchase of such services; and to protect the public from unfair or deceptive advertising and business practices by credit repair … Continue reading this entry

Eleventh Circuit Interprets the FDCPA and Florida's Consumer Collection Practices Act

The Eleventh Circuit Court of Appeals recently issued an opinion involving the Fair Debt Collection Practices Act (“FDCPA”) (15 U.S.C. §§ 1692-1692p) — LeBlanc v. Unifund CCR Partners. The Eleventh Circuit affirmed the district court’s holding that a violation of Florida’s Consumer Collection Practices Act (“FCCPA”) (Fla. Stat. Chapter 559) may support a federal cause of … Continue reading this entry

Eleventh Circuit: Rooker-Feldman Doctrine Bars Post-Foreclosure TILA Recission Claim

In Parker v. Potter, the United States Court of Appeals for the Eleventh Circuit has held that the Rooker-Feldman doctrine bars a district court from hearing a rescission claim under the Truth in Lending Act (TILA) Plaintiff Yolanda Parker’s husband, Gary, refinanced his Clearwater, Florida home with Money Consultants, Inc., which immediately assigned the note and mortgage to Defendant Nancy Potter.  … Continue reading this entry

Eleventh Circuit Certifies Questions Regarding the Enforceability of a Class Action Waiver to the Florida Supreme Court

In Pendergast v. Sprint Nextel Corporation, Case No. 09-10612 (11th Cir. Jan. 4, 2010), the Eleventh Circuit found that there were unsettled questions of Florida law as to whether a class action waiver was procedurally or substantively unconscionable or void for other reasons and certified the following four questions to the Florida Supreme Court: Must … Continue reading this entry