News & Analysis as of

Fair Debt Collection Practices Act Florida

Bradley Arant Boult Cummings LLP

Florida Closes the Door on “Quiet Hour” Email Claims Under the FCCPA

Over the past few years, we’ve seen a wave of consumer lawsuits filed under Florida’s Consumer Collection Practices Act (FCCPA), many of them alleging violations of the law’s “quiet hours” provision based solely on the timing...more

Troutman Pepper Locke

Florida Court of Appeals Holds Personal Claims Under the FCCPA are Not Assignable

Troutman Pepper Locke on

The Court of Appeals for the Fourth District of Florida affirmed a trial court’s holding that claims under the Florida Consumer Collection Practices Act (FCCPA) cannot not be assigned. In KAC 2021-1, LLC v. Mary T. Matuskah...more

Snell & Wilmer

The Eleventh Circuit Finds Delegation Provisions Enforceable in Agreement to Arbitrate Implicating Tribal Law

Snell & Wilmer on

On October 3, 2024, the Eleventh Circuit issued an opinion finding that arbitration agreements consumers entered into with a Tribal entity contained enforceable delegation provisions, meaning that an arbitrator, rather than a...more

Carlton Fields

Real Property, Financial Services, & Title Insurance Update: Week Ending November 15, 2019

Carlton Fields on

Real Property Update - Foreclosure / Notice: Mail log sufficient evidence to establish mailing of notice to borrower of default and possibility of foreclosure – Stacknik v. U.S. Bank, N.A., No. 2D18-2156 (Fla. 2d DCA Nov....more

Burr & Forman

Allegedly Time-Barred Foreclosures Do Not Form Basis for FDCPA/FCCPA Lawsuits Outside Bankruptcy Context

Burr & Forman on

In an order issued yesterday, Judge Dalton of the Middle District of Florida held that in a non-bankruptcy context, allegations that collection of a mortgage debt is barred by the statute of limitations do not form a...more

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