The Florida Consumer Collection Practices Act (FCCPA) – Florida's state-law version of the federal Fair Debt Collection Practices Act (FDCPA) – has long been the subject of consumer protection lawsuits, including, in recent...more
Florida's Fourth District Court of Appeal issued on May 8, 2024, its much-anticipated new opinion on the lender's motion for rehearing in Ronald Desbrunes v. U.S. Bank National Association, as Trustee, which affirms the final...more
In 2021, the Florida Legislature took drastic action in amending the Florida Telephone Solicitation Act (FTSA) to make the statute more consumer-friendly after the United States Supreme Court's landmark decision in Facebook...more
On September 8, 2022, following an en banc review, the Eleventh Circuit issued its much-awaited new decision in the Hunstein v. Preferred Collection and Management Services action, which involves a claimed violation of the...more
On June 2, 2022, Florida Governor Ron DeSantis signed HB 7027, creating Chapter 2022-163, Laws of Florida, which established the Sixth District Court of Appeal (DCA) – Florida's first new appellate court since the creation of...more
The Florida Legislature has voted in support of CS/HB 677, which will create a new subsection of the Florida Evidence Code on the subject of judicial notice. Specifically, when it goes into effect on July 1, 2022, Section...more
On June 25, 2021, the Supreme Court issued a significant ruling for businesses in TransUnion LLC v. Ramirez, validating TransUnion's standing challenge to class claims that it violated the Fair Credit Reporting Act (FCRA)....more
6/30/2021
/ Article III ,
Class Action ,
Class Members ,
Credit Reporting Agencies ,
Credit Reports ,
Fair Credit Reporting Act (FCRA) ,
Injury-in-Fact ,
SCOTUS ,
Standing ,
TransUnion ,
TransUnion LLC v Ramirez
On April 1, 2021, the Supreme Court issued its decision in Facebook, Inc. v. Duguid, resolving a circuit split and establishing that in order for a dialing system to be considered an automatic telephone dialing system (ATDS)...more
On April 21, 2021, the Eleventh Circuit Court of Appeals issued its decision in Richard Hunstein v. Preferred Collection and Management Services, Inc., and potentially created a new claim under the Fair Debt Collection...more
In its just-released decision, the Eleventh Circuit Court of Appeals has potentially created a new claim under the Fair Debt Collection Practices Act (FDCPA). In Richard Hunstein v. Preferred Collection and Management...more
In its newly released decision in Facebook, Inc. v. Duguid, the Supreme Court of the United States (SCOTUS), in an opinion authored by Justice Sotomayor, issued a long-awaited ruling resolving a circuit split on the...more
In an opinion issued on December 31, 2020, the Florida Supreme Court resolved a certified conflict between several of the Florida appellate courts as to whether borrowers who prevail on an argument that the lender lacked...more
The year 2020 marks the 100th anniversary of the passage of the 19th Amendment, which guarantees and protects a woman's constitutional right to vote. This anniversary offers an opportunity to reflect on this milestone of...more
As thousands of actions under the Telephone Consumer Protection Act (TCPA), and particularly putative class actions involving the TCPA, continue to be filed throughout the country, the Eleventh Circuit has issued a...more
In its long-awaited ruling addressing whether the Administrative Orders Review Act (Hobbs Act) requires district courts to accept the FCC's legal interpretations of the Telephone Consumer Protection Act (the TCPA), the...more
6/27/2019
/ Administrative Orders ,
Administrative Procedure ,
Appellate Courts ,
Binding Precedent ,
Dismissals ,
Due Process ,
Exclusive Jurisdiction ,
FCC ,
Hobbs Act ,
Interpretive Rule ,
Judicial Review ,
Legislative Rule ,
PDR Network LLC v Carlton & Harris Chiropractic Inc ,
Popular ,
Remand ,
Reversal ,
SCOTUS ,
Set-Asides ,
TCPA ,
Unsolicited Advertisements ,
Unsolicited Faxes ,
Vacated
After hearing the oral argument in the case of ACA International v. FCC in October 2016, the U.S. Court of Appeals for the D.C. Circuit finally issued its long-awaited and lengthy ruling on March 16, 2018, addressing the...more
Nearly a year after hearing oral argument on the matter, the Supreme Court of Florida affirmed the decision of the Fifth District Court of Appeal in Bartram v. U.S. Bank, N.A., SC14-1265 (Fla. Nov. 3, 2016), holding that a...more