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Fair Debt Collection Practices Act Attorney's Fees

Carlton Fields

Classified Monthly: A Roundup of Class Action Decisions From Federal Appellate Courts - February 2024

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The Roundup is a monthly publication that covers the previous month’s notable class action decisions from federal appellate courts, as well as notable Supreme Court cert petitions related to class actions....more

Troutman Pepper

Ninth Circuit Affirms Award of Attorneys’ Fees in FDCPA Matter

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In Hanrahan v. Statewide Collection, Inc., No. 21-16187 (9th Cir. Sep. 1, 2022), the Ninth Circuit affirmed an award of attorneys’ fees in favor of the plaintiff in an action brought under the Fair Debt Collections Practices...more

Spilman Thomas & Battle, PLLC

All Consuming - Financial Litigation Insights, Volume 2, Issue 12

TCPA CLASS COUNSEL LOSES MILLIONS: $60MM+ Class Recovery Looks to be Down the Tubes as Eleventh Circuit Finds No Insurance Coverage for TCPA Suit - "The policy at issue has an exclusion for claims 'arising out of'...more

Carlton Fields

Real Property, Financial Services, & Title Insurance Update: Week Ending April 23, 2021

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Real Property Update - Condo / Attorneys’ Fees: Condominium association that lost on counterclaim against developer was prevailing party on significant issues in litigation by prevailing on developer’s claims and was...more

Balch & Bingham LLP

Court Limits Scope of Midland Funding and Imports State Law Penalties for Bankruptcy Filings

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In Midland Funding, LLC v. Johnson, 137 S.Ct. 1407 (2017), the U.S. Supreme Court held that filing a proof of claim for a debt subject to a limitations defense does not violate the FDCPA, at least in the vast majority of...more

Carlton Fields

Real Property, Financial Services, & Title Insurance Update: Week Ending December 25, 2020

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Financial Services Update - FDCPA / Attorneys' Fees: Although FCCPA was the only statutory basis for award of attorneys' fees in defendant's favor, plaintiff's FDCPA claims related to the same set of operative facts and...more

Troutman Pepper

District Court Reduces Request for Attorneys’ Fees in FDCPA Suit by More than Half in Response to Litigated Offer of Judgment

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In Gould v. Monarch Recovery Mgmt., No. 18-C-1282 (E.D. Wis. Nov. 10, 2020), the Plaintiff’s counsel sought $57,073.37 in attorneys’ fees after accepting an offer of judgment as to claims under the Fair Debt Collections...more

Carlton Fields

Real Property, Financial Services, & Title Insurance Update: Week Ending May 15, 2020

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Real Property Update - Attorneys' Fees / Construction Lien: Applying the plain and unambiguous language of Florida Statutes section 713.29, the court found that junior interest holders are not entitled to attorneys' fees...more

Carlton Fields

Real Property, Financial Services, & Title Insurance Update: Week Ending February 21, 2020

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Real Property Update - HOA / Class Action: It was appropriate for trial court to narrow class to current homeowners as to counts seeking declaratory and injunctive relief, as former homeowners have no interest in relief...more

Hinshaw & Culbertson LLP

Consumer Law Hinsights – February 2020

Seventh and Eleventh Circuits Scale Back Scope of TCPA in Narrow Reading of ATDS - The Seventh and Eleventh Circuits provided grammar lessons and eliminated the least incorrect options to evaluate what constitutes an...more

Carlton Fields

Real Property, Financial Services, & Title Insurance Update: Week Ending February 7, 2020

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Real Property Update - Fraudulent Transfer: Real property that was worth less than mortgage encumbering it was not an asset per the plain language of section 726.102(2) and, therefore, could not support fraudulent transfer...more

Smith Debnam Narron Drake Saintsing & Myers,...

Sixth Circuit Side Steps the Bona Fide Error Defense

A recent opinion issued by the Sixth Circuit should prove helpful to attorneys facing unsettled issues of state law. As drolly described by the Court, “[a] lawyer sued two lawyers, and each side hired more lawyers. Five years...more

Carlton Fields

Real Property, Financial Services, & Title Insurance Update: Week Ending November 15, 2019

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Real Property Update - Foreclosure / Notice: Mail log sufficient evidence to establish mailing of notice to borrower of default and possibility of foreclosure – Stacknik v. U.S. Bank, N.A., No. 2D18-2156 (Fla. 2d DCA Nov....more

Carlton Fields

Real Property, Financial Services, & Title Insurance Update: Week Ending September 27, 2019

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Real Property Update - Construction Lien: a delinquency charge of 1.5 percent found in materialman's contract with general contractor is not a finance charge recoverable under the materialman lien statute, Florida Statutes...more

Carlton Fields

Real Property & Financial Services Update: Week Ending June 14, 2019

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Real Property Update - Foreclosure / Business Records / Hearsay: trial court abused its discretion in excluding collection notes into evidence where witness sufficiently laid predicate for admissibility of these records -...more

Carlton Fields

Real Property, Financial Services, & Title Insurance Update: Week Ending June 7, 2019

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Real Property Update - Foreclosure / Standing: owner of property subject to mortgage at the time the complaint and lis pendens were filed had standing to dispute legal sufficiency of proof of amount due where owner was...more

Hinshaw & Culbertson LLP

Seventh Circuit Awards Legal Costs and Implements a Major Reduction in Plaintiff's Requested Attorneys' Fees in a FCRA and FDCPA...

In Paz v. Portfolio Recovery Associates, a debtor sued for violations of the Fair Debt Collection Practices Act and the Fair Credit Reporting Act. Within a month of filing suit, the creditor invoked Rule 68 in making a formal...more

Carlton Fields

Real Property, Financial Services, & Title Insurance Update: Week Ending May 10, 2019

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Real Property Update - Ad Valorem Taxes: in a matter of first impression, county's immunity from taxation does not extend extraterritorially to property it owns in another Florida county - Joiner v. Pinellas Cnty., Fla.,...more

Carlton Fields

Financial Services Update - April Part 1

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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...more

Ballard Spahr LLP

Fifth Circuit's Affirmance of Denial of Attorney's Fees to Successful FDCPA Plaintiff May Aid Collectors in Challenging Fee...

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Debt collectors should take note of a recent decision by the U.S. Court of Appeals for the Fifth Circuit holding that a Texas federal district court was justified in relying on "special circumstances"...more

Burr & Forman

Burr Alert: Fifth Circuit Rejects Consumer’s “Outrageous” FDCPA Attorney’s Fee Request

Burr & Forman on

The Fair Debt Collection Practices Act (“FDCPA”) provides that a consumer is entitled to “reasonable attorney’s fees” as part of a “successful” claim. See 15 U.S.C. § 1692k(a)(3). While courts have found that this provision...more

Carlton Fields

Real Property, Financial Services, & Title Insurance Update: Week Ending November 9, 2018

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Real Property Update - Foreclosure/Attorneys' Fees: where borrower prevailed on argument that dismissal of foreclosure action was required as bank was not entitled to enforce a mortgage contract containing a fee...more

Carlton Fields

Real Property, Financial Services, & Title Insurance Update: Week Ending October 19, 2018

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Real Property Update - - Chapter 720 / Prevailing Party Fees: developer that successfully defended against association’s lawsuit for declaratory and injunctive relief was properly awarded prevailing party attorneys’ fees...more

Ballard Spahr LLP

Victorious law firm in CFPB FDCPA lawsuit seeks $1.2 million in attorney’s fees

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Weltman, Weinberg & Reis Co., L.P.A., the law firm that recently defeated the CFPB’s FDCPA lawsuit against it, has filed a motion seeking attorney’s fees of approximately $1.2 million from the CFPB....more

Carlton Fields

Real Property, Financial Services, & Title Insurance Update: Weeks Ending May 18 & 25, 2018

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REAL PROPERTY UPDATE - Foreclosure/Standing: bank's allegation in complaint that it acquired loan and possessed both legal and beneficial interest in note and mortgage prior to filing complaint, coupled with the subsequent...more

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