ding. Although the 2016 Spokeo decision had created a pathway for the lower courts to stem the tidal wave of claims under the Fair Credit Reporting Act (FCRA), the Fair Debt Collection Practice Act (FDCPA) and the Telephone Communications Protection Act (TCPA) where the plaintiffs had inconsequential, if any, damages, the Supreme Court failed to provide substantive guidance in its 2016 decision a...

ense costs if the plaintiff does not prevail, which makes these types of claims enticing for plaintiffs’ attorneys. The Fair Debt Collection Practices Act, 15 U.S.C. §§ 1692 et seq. (FDCPA) and Florida’s state law equivalent, the Florida Consumer Collection Practices Act, Fla. Stat. §§ 559.55 et seq. (FCCPA), were enacted to protect individuals from harassing ...

Debt collectors filing bankruptcy proofs of claims in the Eleventh Circuit should take caution, as they will now be subject to the Fair Debt Collection Practice Act, 15 U.S.C. §§ 1692-1692p (FDCPA). In Crawford v. LVNV Funding, LLC, et al. (In re Crawford), 758 F.3d 1254 (11th Cir. July 10, 2014), the Eleventh Circuit ruled that by filing a proof of claim in a Chapter 13 bankruptcy case ...

amount of attorneys’ fees in a residential foreclosure complaint before the fees have actually been incurred is an "actionable misrepresentation under the Fair Debt Collections Practices Act" (FDCPA) and exposes debt collection attorneys to liability for damages. The Court announced this rule in a recent precedential opinion. Judge Fisher’s opinion and order revived plaintiff&rs...