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The End of the Road for Chevron

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

Consent Has Never Been More ‎Important: Take-Aways From the FTC Settlement Relating to ‎‎Tracking Technologies

Litigation over tracking tools, such as cookies and pixels, has become commonplace over the past few years. In general, plaintiffs’ claims revolve around the collection and sharing of data through session replay and/or...more

Beware Common Website Technology Tools That Can Lead to Wiretap Claims

Knowing how consumers behave while on a website can provide businesses with valuable information. Frequently businesses employ “session replay” tools to analyze what users do on their website. “Session replay” is software...more

FTC Takes Action Against Amazon for ‎Alleged Deceptive Prime Subscriptions

On June 21, 2023, the Federal Trade Commission (the “FTC” or the “Agency”) filed a complaint against Amazon for ‎multiple violations of the Restore Online Shoppers’ Confidence Act (ROSCA). The focus of the ‎FTC action alleges...more

CFPB Issues Advisory Opinion ‎Regarding Convenience Fees

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

Show Me the Money: Florida Supreme ‎Court Removes Ability to ‎Include Non-Monetary ‎Terms in ‎Proposals for Settlement

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

An Inconvenient Decision on ‎Convenience Fees

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

Closing the Levee – Florida’s Supreme ‎Court’s Levy Decision Narrows Applicability of ‎Reciprocal Fee ‎Statute

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

An Apex Doctrine for All‎

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

The New Standard – Florida’s Changes to Its Summary Judgment Rule

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

A Stunning Opinion on “Dunning” Letters

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

Standing on Thin Ice? New Guidance on Standing for Data Breach Claims

Who has standing to bring claims for alleged statutory violations of privacy and cybersecurity statutes? There is no easy answer to this question. In Spokeo, Inc. v. Robins, the Supreme Court explained that just because a...more

Florida Supreme Court Resolves Attorney’s Fees Issues

Over the festive holiday period the Florida Supreme Court went on an attorney’s fees “Ham-‎Page” in deciding two cases which address the application of Fla.Stat. 57.105(7) to contractual ‎prevailing party attorney’s fees...more

Class Actions Continue Down Rocky Road in Eleventh Circuit as Court Dismisses Godiva Class Action

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

Updated Restrictions on Florida Foreclosure Proceedings due to COVID-19 (updated)

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

Updated Restrictions on Florida Foreclosure Proceedings due to COVID-19

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

Restrictions on Residential Foreclosure Activities and Court Proceedings Due to COVID-19

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

Update - Suspension of Foreclosure and Eviction Activities in Florida Due to Covid-19

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

HUD Face-to-Face Meeting Requirement: Fourth Circuit Holds That a Bank Office That Conducts No Mortgage-related Business Does Not...

On April 20, 2020, the United States Court of Appeals for the Fourth Circuit became the first Circuit Court of Appeal in the United States to hold that a mortgage lender must have a “branch office” that conducts at least some...more

Suspension of Foreclosure and Eviction Activity in Florida Due to Covid-19

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

United States to Allow Lawsuits Arising from Property Confiscated in Cuba

Beginning May 2, 2019, U.S. Nationals may bring lawsuits in the United States against traffickers in property confiscated by the Cuban government. During the Clinton Administration, the United States enacted the Cuban...more

Florida Statute of Limitations Update: Third DCA Certifies Conflict with Fifth DCA and Finds that a Foreclosure Judgment can...

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

All Subsequent Payments: Second District of Florida Overturns Judgment in Favor of Borrower and Clarifies Bartram Holding on...

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

D.C. Circuit Strikes Down Key Components of FCC’s 2015 Interpretation of the TCPA

In a highly anticipated decision issued late last week, the D.C. Circuit rejected key components of the Federal Communications Commission’s (“FCC”) July 10, 2015 Declaratory Ruling on the Telephone Consumer Protection Act...more

Loan Servicers Score Victory in Florida Appellate Decision Rejecting Multiple Common Foreclosure Defenses

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

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