In a 6-3 decision issued June 28, 2024, the U.S. Supreme Court overruled Chevron USA, Inc. v. Natural Resources Defense Council, Inc., 467 U.S. 837 (1984), which long stood for the proposition that courts are to defer to an...more
In a revised opinion issued September 8, 2022, an en banc panel of the Eleventh Circuit Court of Appeals reversed last year’s controversial opinion which potentially spelled trouble for debt collectors utilizing third-party...more
10/7/2022
/ Article III ,
Corporate Counsel ,
Debt Collection ,
Debt Collectors ,
FDCPA ,
Personal Information ,
Standing ,
Statutory Violations ,
Third-Party Service Provider ,
TransUnion LLC v Ramirez ,
Unauthorized Disclosure
On June 29, 2022, the Consumer Financial Protection Bureau (“CFPB”) issued an advisory opinion stating its view that the Fair Debt Collection Practices Act (“FDCPA”) prohibits debt collectors from collecting any amount,...more
On May 26, 2022, the Florida Supreme Court amended Florida Rule of Civil Procedure 1.442 to exclude non-monetary terms from proposals for settlement. Effective July 1, 2022, non-monetary terms, such as the execution of...more
Last month, the Fourth Circuit Court of Appeals rendered a decision regarding convenience fees in Alexander v. Carrington Mortgage Services, LLC, 23 F.4th 370 (4th Cir. 2022), which potentially spells trouble for loan...more
Earlier this year, the United States Court of Appeals for the Eleventh Circuit released the controversial decision Hunstein v. Preferred Collection & Mgmt. Services, Inc., No. 19-14434, 2021 WL 1556069 (11th Cir. Apr. 21,...more
Less than a year after issuing multiple opinions addressing the reciprocal fee provisions of Fla. Stat. § 57.105, the Florida Supreme Court has once again seen fit to issue an opinion interpreting Florida’s controversial fee...more
On September 15, 2021, Locke Lord obtained an opinion in Florida’s Third District Court of Appeal matter affirming the denial of a motion to vacate a final judgment of foreclosure. In affirming the denial, the Third...more
On August 26, 2021, the Florida Supreme Court amended the Florida Rules of Civil Procedure to apply the “Apex Doctrine” to high-level corporate officers. The “Apex Doctrine” prevents harassment of such officers in litigation...more
Effective May 1, 2021, the federal summary judgment standard is the law in Florida state court. The Florida Supreme Court announced this shift would take place in December 2020 and sought further comment concerning the...more
Last Wednesday the United States Court of Appeals for the Eleventh Circuit released a landmark decision which could have a profound impact upon a number of industries. In Hunstein v. Preferred Collection & Mgmt. Services,...more
In Muransky v. Godiva Chocolatier, Inc., 16-16486, 2020 WL 6305084 (11th Cir. Oct. 28, 2020), the US Court of Appeals for the Eleventh Circuit dealt another blow to the plaintiffs’ class action bar by not only vacating a...more
Florida Governor Ron DeSantis has once again extended Florida’s residential foreclosure and eviction moratorium; this time until October 1, 2020. Executive Order 20-211 was issued on August 31, 2020 and extends Executive...more
Florida Governor Ron DeSantis has extended Florida’s residential foreclosure moratorium for a third time; this time until August 1, 2020. Executive Order 20-159 was issued on June 30, 2020 and officially extends Executive...more
Florida Governor Ron DeSantis has extended Florida’s residential foreclosure moratorium for a second time; this time until July 1, 2020. Executive Order 20-137 was issued on June 1, 2020 and officially extends Executive...more
Florida Governor Ron DeSantis has extended Florida’s residential eviction and foreclosure moratorium until June 2, 2020. Executive Order 20-121 was issued on May 14, 2020 and officially extends Executive Order 20-94 which...more
Florida Governor Ron DeSantis issued Executive Order Number 20-94 on April 2, 2020 suspending and tolling any statute providing for a mortgage foreclosure cause of action under Florida law for 45 days. The Order also...more
On August 1, 2018, the Third District Court of Appeal found that a foreclosure judgment can include all amounts due and owing regardless of the initial date of default. In Eduardo Gonzalez and Rosa Gonzalez v. Federal...more
On April 27, 2018, Locke Lord obtained an opinion in a Florida District Court of Appeal matter overturning a judgment that had incorrectly dismissed a foreclosure action on the basis that it was improper to allege...more
On February 7, 2018, Florida’s Third District Court of Appeal rejected multiple arguments routinely advanced by borrowers’ counsel in defense and delay of foreclosure litigation, reversed the trial court’s order dismissing...more
On July 12, 2017, Locke Lord was successful in obtaining an order in a Florida trial court denying a borrower’s request for an award of attorneys’ fees following a successful argument that the plaintiff lacked standing to...more