Eleventh Circuit

12.3.2014 | Alan D. Leeth Kristen Peters Watson

Eleventh Circuit: Unaccepted Rule 68 Offer Does Not Moot Individual Or Class Claims

The Eleventh Circuit Court of Appeals recently held that unaccepted Federal Rule of Civil Procedure 68 offers of judgment to the named plaintiffs that, if…

09.30.2014 | Zachary D. Miller

Mais v. Gulf Coast Collection Bureau: Eleventh Circuit Provides Creditors TCPA Relief

In May 2013, a ruling from the U.S. District Court for the Southern District of Florida caused great concern among creditors and debt collectors by…

07.22.2014 | Reid S. Manley

Eleventh Circuit Holds Only a Cell Phone Subscriber and Not the “Intended Recipient,” May Provide “Prior Express Consent” for TCPA Claims

In Osorio v. State Farm Bank, F.S.B., No. 13-10951 (11th Cir. Mar. 28, 2014), the United States Court of Appeals for the Eleventh Circuit reversed…

07.22.2014 | Reid S. Manley

Eleventh Circuit Holds Consumers May Revoke “Prior Express Consent” Under the TCPA Either Orally or in Writing

In Osorio v. State Farm Bank, F.S.B., No. 13-10951 (11th Cir. Mar. 28, 2014), the United States Court of Appeals for the Eleventh Circuit reversed…

07.15.2014 | Alan D. Leeth Rachel R. Friedman

Eleventh Circuit Holds That Filing a Proof of Claim in Bankruptcy on a Time-Barred Debt Violates the FDCPA

In Crawford v. LVNV Funding, LLC, the Eleventh Circuit became the first federal circuit court of appeals to hold that filing a proof of claim…

05.19.2014 | John R. Chiles

Eleventh Circuit Holds That Bank Could Not Compel Arbitration When Account Agreement-Which Was Silent as to Arbitration-Completely Superseded Prior Account Agreement Containing Arbitration Clause

The U.S. Court of Appeals for the Eleventh Circuit recently upheld a lower court's denial of a bank's motion to compel arbitration of a dispute…

02.20.2014 | John R. Chiles

Eleventh Circuit Holds That Lenders May Require More Flood Insurance Than Amount Required Under Federal Law for Federally-Insured Mortgages

The Eleventh Circuit Court of Appeals held in Faire Feaz v. Wells Fargo Bank, N.A., et al., No. 13-10230 (11th Cir. Feb. 10, 2014), that…

08.14.2013 | Alan D. Leeth Nicholas S. Agnello

Eleventh Circuit: Loan Servicer Not Required To Provide Written Notice Of An Assignment To Obligor Under TILA Where Assignment Is For Purpose Of Foreclosure

In Reed v. Chase Home Finance, LLC, --- F.3d ----, 2013 WL 3868079 (11th Cir. 2013), the Eleventh Circuit Court of Appeals evaluated one of…