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Posts tagged as “Eleventh Circuit”

11th Cir. Holds ‘Actual Damages’ Not Required for ‘Willful’ Violations of FCRA

The U.S. Court of Appeals for the Eleventh Circuit recently held that a trial court's denial of a motion for class certification was an abuse of discretion because the trial court’s analysis of Rule 23(b)(3)’s predominance requirement was based on its erroneous interpretation of the second option in section 1681n(a)(1)(A) of the federal Fair Credit Reporting Act as requiring a showing of actual damages.

11th Cir. Holds 1-Year Period for Disputing Wire Transfers Cannot Be Modified by Contract  

The U.S. Court of Appeals for the Eleventh Circuit recently held that, consistent with rulings as to an identical New York law, the one-year period to make a demand for a refund of a fraudulent wire transfer under Florida Statutes § 670.202 may be not modified by contract.

11th Cir. Vacates $35 Million TCPA Class Settlement on Article III Standing Grounds

In an appeal of a $35 million federal Telephone Consumer Protection Act class action settlement initially involving a dispute over coupon settlements, the U.S. Court of Appeals for the Eleventh Circuit vacated and remanded the trial court's approval of the class action settlement due to Article III standing problems with the settlement class.

11th Cir. Holds CAFA Does Not Allow Appeals from Sua Sponte Remand Orders

The U.S. Court of Appeals for the Eleventh Circuit recently held that it did not have jurisdiction to consider a defendant’s motion for leave to appeal in a case that was previously removed to federal court pursuant to the federal Class Action Fairness Act after the federal trial court sua sponte remanded the case back to state court.