From the Editor - Fair Debt Collection Practices Act • NACTT Academy

From the Editor – Fair Debt Collection Practices Act

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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