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Debt Collection HSBC

Carlton Fields

Real Property, Financial Services, & Title Insurance Update: Week Ending March 2, 2018

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REAL PROPERTY UPDATE - Foreclosure/Standing: borrower's standing arguments failed because they were based on notion that note changed hands after it was delivered to World Savings Bank in 2007, when in fact the note...more

Baker Donelson

Recent Eleventh Circuit Decisions Clarify "Debt Collector" Status Under the FDCPA

Baker Donelson on

Recent decisions within the Eleventh Circuit Court of Appeals have clarified two required elements needed to support a viable claim under the Fair Debt Collection Practices Act (FDCPA). In Davidson v. Capital One Bank (USA),...more

Carlton Fields

Eleventh Circuit Says Merely Acquiring Debt in Default is Not Enough to Qualify As "Debt Collector" Under FDCPA

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In Davidson v. Capital One Bank (USA), N.A., the Eleventh Circuit affirmed a district court’s dismissal of an amended complaint against Capital One Bank (USA), N.A. (“Capital One”) for alleged violations of the Fair Debt...more

Womble Bond Dickinson

Eleventh Circuit Examines “Debt Collector” Under the FDCPA

Womble Bond Dickinson on

For those tracking Fair Debt Collection Practices Act (“FDCPA”) litigation for financial institutions and loan servicers, an opinion recently issued by the Eleventh Circuit Court of Appeals provides new insight on the...more

Burr & Forman

Eleventh Circuit: Entity Collecting Debt Acquired After Default Is Not Necessarily “Debt Collector” Under FDCPA

Burr & Forman on

In Davidson v. Capital One Bank (USA), N.A., a case closely followed by the financial services industry and handled by Burr & Forman, LLP, the Eleventh Circuit held that an entity collecting a debt that was acquired after...more

Carlton Fields

California District Court Certifies “Not Inherently Unascertainable” Consumer Class

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In addition to the explicit Rule 23(a) requirements of numerosity, commonality, typicality, and adequacy of representation, an implied prerequisite to certification is that the class must be sufficiently definite: that is,...more

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