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
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
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
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
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
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 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
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
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
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
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
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
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
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
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
3/22/2018
/ ATDS ,
Auto-Dialed Calls ,
Cell Phones ,
Declaratory Rulings ,
FCC ,
Prior Express Consent ,
Reassigned Phone Numbers ,
Revocation ,
Robocalling ,
Safe Harbors ,
Smartphones ,
TCPA
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