Posts tagged Eleventh Circuit Court of Appeals.

On June 14, 2021, the Eleventh Circuit Court of Appeals issued a one-line order stating that the Court was withholding issuance of the mandate in Hunstein v. Preferred Collection and Management Services, Inc. The appeals court’s April 21, 2021, published ruling in Hunstein sent shockwaves through the collection industry when it held that debt collectors who share information about consumers’ debts with collection vendors can violate provisions in the Fair Debt Collection Practices Act (“FDCPA”) aimed at protecting consumer privacy.

The withholding of the mandate was ...

Posted in: FDCPA

In Lankhorst v. Independent Sav. Plan Co., No. 14-11449, 2015 WL 3440288 (11th Cir., May 29, 2015), the Eleventh Circuit Court of Appeals held that the credit agreement the Plaintiff's entered into did not convey the requisite security interest in the Plaintiffs' primary residence in order to trigger the TILA protections on which the Plaintiffs relied. Therefore, the district court did not err in granting summary judgment in favor of the defendants. The Plaintiffs agreed to purchasing a water treatment system and having it installed in their home. However, the purchase and ...

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 accepted, would have provided all relief that plaintiffs sought, neither moots the individual plaintiff's claims or the putative class action. Thus, the strategy to make an offer of judgment to render the case moot and prevent class certification may no longer be viable strategy in the Eleventh Circuit. In Stein v. Buccaneers Limited Partnership, --- F.3d ---, 2014 WL 6734819 (11th Cir. 2014), six named plaintiffs filed suit ...

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