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Posts published in July 2015

Eleventh Circuit Holds FDCPA Applies to Filings Directed at Court or Debtor’s Counsel, Not Debtor

The U.S. Court of Appeals for the Eleventh Circuit recently held that the FDCPA applies to litigation activity, even when the debt collector’s conduct is directed at someone other than the consumer, such as the court or the debtor’s counsel. A copy of the opinion…

Dialing Into the FCC’s TCPA Rulings

The FCC’s much anticipated TCPA rulings were released this past Friday. On Friday, July 17, our panel of esteemed TCPA attorneys – both plaintiff’s and defense – will give you a first look at how the rulings will drive TCPA litigation, from both the plaintiff’s and…

FCC Issues Significant TCPA Interpretation Changes Affecting Telemarketing, Servicing

The Federal Communications Commission has issued its Declaratory Ruling and Order FCC 15-72 addressing more than 20 requests for clarification or other action relating to various issues under the TCPA. One of the dissenting Commissioners Ajit Pai noted that, “[r]ather than focus on the illegal…

Florida Court Denies Motion to Dismiss FCCPA Claim Against Loan Owner Based on Alleged Conduct of Servicer, Foreclosure Counsel

The Seventh Judicial Circuit Court of Florida recently denied a motion to dismiss a borrower’s counterclaims alleging violations of the Florida Consumer Collections Practices Act (FCCPA) against the owner of a mortgage loan, based on alleged communications by the servicer and foreclosure counsel with a…

First Circuit Holds Mortgagor Cannot Sue Mortgagee to Quiet Title in Title Theory State

The U.S. Court of Appeals for the First Circuit recently affirmed the dismissal of two mortgagors’ quiet title allegations against a mortgagee, holding that the plaintiff mortgagors could not assert a quiet title claim under Rhode Island law against the mortgagee defendants because Rhode Island…