Tag Archives: Court of Appeals for the Eleventh Circuit

For years, the Court of Appeals for the Eleventh Circuit has been an outlier among its brethren, holding that an individual who received a single — unwanted — text message lacked standing to sue under the Telephone Consumer Protection Act because he did not suffer a concrete injury. That ruling …

The Court of Appeals for the Eleventh Circuit has vacated the dismissal of a Telephone Consumer Protection Act case and remanded it back to the District Court because half of the plaintiffs in the class action did not state in the complaint how many calls they received, and the court …

A petition has been submitted to the Supreme Court to hear arguments in a Telephone Consumer Protection Act case that determined incentive awards for named plaintiffs are unlawful. A copy of the petition in the matter of Johnson v. Dickenson can be accessed by clicking here. More than two years …

The Court of Appeals for the Eleventh Circuit has overturned a lower court’s dismissal of a Fair Debt Collection Practices Act case, ruling that the plaintiff’s claim of having suffered emotional distress and wasting time were sufficient for the plaintiff to have standing to sue, and have remanded the case …

Nearly two years after it issued its opinion, the Court of Appeals for the Eleventh Circuit has denied an en banc rehearing request in a Telephone Consumer Protection Act case against a debt collector, but four of the 11 judges felt strongly enough about the merits that they wrote a …

The Court of Appeals for the Eleventh Circuit has vacated a lower court’s approval of class certification in a Telephone Consumer Protection Act case, ruling that some of the named plaintiffs in the class did not have standing to sue in federal court. A copy of the ruling in the …

The Court of Appeals for the Eleventh Circuit has overturned a lower court’s ruling that denied a defendant’s motion for sanctions in a Fair Debt Collection Practices Act case, ruling that sanctions motions are allowed to be filed after a final judgment is entered. A copy of the ruling in …

The Court of Appeals for the Eleventh Circuit has overturned the dismissal of a Fair Debt Collection Practices Act case, ruling that statements sent to the plaintiffs indicating that the balance on the debt was accruing when a settlement had been reached is enough for the plaintiffs to state a …

This is one of those cases where I am going to remind everyone that I am not a lawyer and I could be completely off-base, but as I read this ruling, I thought it offered an interesting lesson that putting the mini-Miranda on every communication might not be the best …

Congress made a mistake when it drafted Section 1692c(b) of the Fair Debt Collection Practices Act, which prohibits communicating information about a debt with third parties because the way the statute is written, “there would be no corporate debt collectors because debt collectors would violate the FDCPA ever single time …