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Posts published by “Eric Tsai”

SDNY Dismisses TCPA Class Action, Holding No Direct or Vicarious Liability Adequately Pled

The U.S. District Court for the Southern District of New York recently dismissed a putative class action alleging violations of the federal Telephone Consumer Protection Act (TCPA) against a marketing company that conducted a mass text message advertising campaign on behalf of a national retail…

11th Cir. Holds Florida Statute Prohibiting Fees to Pay by Credit Card Unconstitutional

The U.S. Court of Appeals for the Eleventh Circuit recently struck down Florida’s “anti-surcharge” statute, Fla. Stat. § 501.0117, holding that the Florida law prohibiting charging a fee to pay by credit card was an unconstitutional restriction of free speech. A copy of the opinion…

9th Cir. Holds ‘Chapter 20’ Debtor May Void Mortgage in Chapter 13 After Obtaining Discharge in Chapter 7 Bankruptcy

The U.S. Court of Appeals for the Ninth Circuit, in a case of first impression, recently held that section 1328(f) of the Bankruptcy Abuse Prevention and Consumer Protection Act (BAPCPA), which bars so-called “Chapter 20” debtors from receiving a discharge at the conclusion of their…

Florida Bankruptcy Court Holds Debtor Who ‘Surrenders’ Property in BK Cannot Impede Foreclosure

The U.S. Bankruptcy Court for the Middle District of Florida recently held that, at a minimum, “surrender” under Bankruptcy Code §§ 521 and 1325 means a debtor cannot take an overt act that impedes a secured creditor from foreclosing its interest in secured property. In…