By The Honorable William Houston Brown (Retired)
Class action certification on predominance. The Eleventh Circuit remanded, finding that the District Court had abused its discretion in refusing to certify a class on a predominance theory for former debtors who had obtained discharge of personal liability on residential mortgages and who asserted violations of the FDCPA by a loan servicer. The opinion discusses how the FDCPA claim related to the Bankruptcy Code. Sellers v. Rushmore Loan Management Services, LLC, 941 F.3d 1031 (11th Cir. 2019).
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