Posts from September 2019.

In Carol Tims v. LGE Community Credit Union, the Eleventh Circuit Court of Appeals held that a credit union’s account agreement with one of its customers was ambiguous about which account balance calculation the bank would use in assessing overdraft fees on the customer’s account, which exposed the credit union to potential liability under the Electronic Fund Transfer Act.

The matter came to the Court on appeal after the trial judge dismissed the consumer’s complaint.  The Court first addressed the history of overdraft fees, highlighting the rise of Electronic Fund Transfer ...

Posted in: Eleventh Circuit

In addressing cross motions for summary judgment in BONNIE BROWN & JAMES BROWN, Plaintiffs, v. OCWEN LOAN SERVICING LLC, Defendant., 8:18-CV-136-T-60AEP, 2019 WL 4221718 (M.D. Fla. Sept. 5, 2019) (“Browns v. Ocwen”) on 9/5/2019, the United States District Court for the Middle District of Florida (“District Court”) determined that the Aspect dialer used by Defendant, Ocwen Loan Servicing LLC (“Ocwen”), was not an automatic telephone dialing system (“ATDS”) under the Telephone Consumer Protection Act, 47 U.S.C.A. § 227 (“TCPA”).  Plaintiff Bonnie Brown ...

In Roth v. Nationstar Mortgage, LLC, the Eleventh Circuit Court of Appeal addressed a recurring issue involving whether or not sending monthly mortgage statements regarding a discharged mortgage debt violates the discharge injunctions prohibition on collecting discharged debt, found at 11 U.S.C. 524.

The facts of the case are not at all uncommon. Roth filed a Chapter 13 petition that provided secured creditors would retain their liens. Nationstar serviced a mortgage that was treated in this manner by the plan. Roth completed her Chapter 13 plan and received a discharge, of which ...

Posted in: Eleventh Circuit

In Salcedo v. Hanna, 17-14077, the Eleventh Circuit Court of Appeals rejected a consumer’s allegations that his receipt of a single text message was sufficient to maintain a claim under the Telephone Consumer Protection Act (“TCPA”), 47 U.S.C. § 227 et al. Salcedo filed suit as representative of a putative class consisting of former clients of attorney Alex Hanna. The class was composed of individuals who allegedly received unsolicited text messages from Mr. Hanna and his law firm over a four-year period. Specifically, Salcedo alleged that he received one multimedia text ...

In Davis v. Oasis Legal Fin. Operating Co., LLC, 18-10526, 2019 WL 4051592 (11th Cir. Aug. 28, 2019), the U.S. Court of Appeals for the Eleventh Circuit (“Eleventh Circuit”) affirmed a decision in the U.S. District Court for the Southern District of Georgia (“District Court”) that denied the defendant payday loan lenders’ motions to dismiss and motion to strike class allegations.  The plaintiffs, a class of borrowers, sued the defendant lenders, three entities operating as “Oasis Legal Finance,” in Georgia for violating the state’s usury laws.  The Eleventh ...

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