Florida consumers suing a mortgage lender for sending allegedly deceptive debt collection letters will get another chance to argue their suit should proceed as a class action, the Eleventh Circuit held Oct. 29.
The lower court “erroneously classified the question of whether the Bankruptcy Code precluded or preempted the FDCPA and FCCPA claims as raising an individual, rather than common, issue,” Judge Jill A. Pryor wrote for the U.S. Court of Appeals for the Eleventh Circuit.
Randolph and Tabetha Sellers sued Rushmore Loan Management Services LLC under the Fair Debt Collection Practices Act and the Florida Consumer Collection Practices Act. ...