Archive for 11th Circuit

11th Circuit Holds Filing a Proof of Claim on Time-Barred Debt Violates FDCPA

Addressing what it termed “a deluge [that] has swept through U.S. bankruptcy courts of late” the 11th Circuit Court of Appeals in Crawford v. LVNV Funding, LLC  held that filing a proof of claim on time barred debt is conduct that violates the Fair Debt Collection Practices Act (“FDCPA”). Background The last payment on the

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TCPA Prior Express Consent Must Come From ‘Called Party’

The Telephone Consumer Protection Act requires a call placed to a cellular phone using an autodialer, to have the prior express consent of the person who received the call, the Eleventh Circuit Court of Appeals held this past Friday. In Osorio v. State Farm Bank, debt collection calls were made to a cellular phone line subscribed

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