Financial Services Update

• TCPA: plaintiff's putative TCPA class action arose from post-agreement conduct that did not fall within scope of contract's arbitration agreement - Getz v. DirecTV, LLC, 359 F. Supp. 3d 1222 (S.D. Fla. Feb. 20, 2019) (denying motion to dismiss / compel arbitration)
• RESPA: homeowner failed to prove violations of RESPA based on allegedly improper force-placed insurance because she failed to prove she had an escrow account to trigger the statute's protections - Iaffaldano v. Sun West Mortg. Co., No. 18-11098 (11th Cir. Apr. 9, 2019) (affirming judgment in favor of lender)
• FDCPA: consumer sufficiently alleged that letter attempting to collect time-barred debt was "false, deceptive or misleading" under § 1692e, but attempting to collect time-barred debt is not per se "unfair or unconscionable" under § 1692f - Holzman v. Malcolm S. Gerard & Assocs., Inc., No. 16-16511 (11th Cir. Apr. 5, 2019) (affirming in part and reversing in part dismissal for failure to state a claim)
• FDUTPA: appellant was not entitled to appellate attorneys' fees under FDUTPA because under contingency fee arrangement, benefit of award of fees would inure purely to her attorneys - Alhassid v. Nation Star Mortg., LLC, No. 18-11985 (11th Cir. Apr. 8, 2019) (affirming district court's denial of appellate attorneys' fees)