In Baez v. Specialized Loan Servicing, LLC, 16-17292, 2017 WL 4220292 (11th Cir. Sept. 22, 2017) the Eleventh Circuit Court of Appeal recognized a limit to the requirement to the phrase "actual damages" in Section 2605 of the Real Estate Settlement Procedures Act ("RESPA")
The facts of the case were as follows: Counsel for Baez sent Specialized Loan Servicing, LLC a request for information pursuant to Regulation X and RESPA seeking certain information. Allegedly, the response Baez received did not satisfy the requirements of Regulation X and RESPA so Baez sued for actual damages. The ...
In a case of first impression, the Eleventh Circuit recently held that a voicemail constitutes a "communication" under the FDCPA, and can thus trigger the mini-Miranda requirement, but an individual collecting on behalf of a debt collector is not required to disclose his or her identity in order to comply with the "meaningful disclosure" requirement under the FDCPA.
In Hart v. Credit Control, LLC, ___ F.3d ___, 2017 WL 4216029 (11th Cir. 2017), Plaintiff Stacey Hart filed suit alleging that Credit Control, LLC's voicemail violated § 1692e(11) of the FDCPA by failing to include the ...