Sara Solano

Burr & Forman

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Now Say That Five Times Fast! Eleventh Circuit Upholds Arbitration Clause Delegating Adjudication of Threshold Questions of...

On May 26, 2022, the Eleventh Circuit issued an opinion reversing the Southern District of Florida’s denial of the appellant’s motion to compel arbitration, therein finding that the district court erred in failing to apply...more

5/31/2022 / Arbitration , Arbitration Agreements , Consumer Financial Contracts , Consumer Financial Products , Delegation Clauses , FDCPA , Mandatory Arbitration Clauses , Mortgage Servicers , Motion to Compel , Putative Class Actions

Eleventh Circuit Emphasizes Consumer’s Burden of Establishing Lender’s Unreasonability to Sustain Willfulness Claim Under the FCRA

On July 6, 2021, the Eleventh Circuit issued a per curiam opinion affirming the Southern District of Alabama’s entry of summary judgment in the lender’s favor on a plaintiff’s claim under the Fair Credit Reporting Act...more

7/12/2021 / Credit Scores , Failure To Disclose , Fair Credit Reporting Act (FCRA) , Financial Services Industry , Lenders , Loan Applications , Mortgages , Objective Unreasonableness Standard , Quicken Loans , Statutory Violations , Willful Violations

Eleventh Circuit Finds Single Text Message Insufficient to Demonstrate Concrete Harm to Confer Article III Standing Under TCPA

In Salcedo v. Hanna, 17-14077, the Eleventh Circuit Court of Appeals rejected a consumer’s allegations that his receipt of a single text message was sufficient to maintain a claim under the Telephone Consumer Protection Act...more

9/6/2019 / Article III , Injury-in-Fact , Putative Class Actions , Spokeo v Robins , Standing , TCPA , Telemarketing , Text Messages

Second District Court of Appeal Declines to Apply Statute of Limitations to Bar Subsequent Foreclosure Actions Premised on...

Following the Florida Supreme Court’s recent decision in Bartram v. U.S. Bank, N.A., 41 Fla. L. Weekly S493, 2016 WL 6538647 (Fla. Nov. 3, 2016), courts were left to interpret how Bartram would affect lenders’ reliance on...more

2/24/2017 / Appeals , Bank of New York (BNY) Mellon , Banking Sector , Dismissals , FL Supreme Court , Foreclosure , Liens , Mortgage Lenders , Mortgages , Real Estate Market , Statute of Limitations , US Bank

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