| Upcoming Classes |
|---|
|
| Osorio v. State Farm Bank, FSB | 11th Circuit – ROBO-CALLS – Debt Collectors Could Be Fined $1,500 in Statutory Damages, or $4,500 if Willful Every Time They Call
July 7, 2014 [PUBLISH] IN THE UNITED STATES COURT OF APPEALS ________________________ No. 13-10951 ________________________ D.C. Docket No. 0:11-cv-61880-DMM FREDY D. OSORIO, versus STATE FARM BANK, F.S.B., Defendant – Third-Party Plaintiff – Appellee, CLARA BETANCOURT, Appeal from the United States District Court (March 28, 2014) Excerpt- If, for example, State Farm is found to have made its first three autodialed calls in reasonable reliance on Betancourt’s negligent misrepresentation (causing a total of $1,500 in statutory damages, or $4,500 if willful), but hundreds more calls were made in spite of a subsequent revocation of consent, then spending $132,000 to defend a claim with a maximum potential recovery of only $4,500 would appear unreasonable. This issue will thus require consideration by the district court on remand. V. CONCLUSION For all of the reasons set forth above, we REVERSE the district court’s grant of summary judgment to State Farm on Osorio’s TCPA claim, REVERSE its grant of summary judgment to State Farm on the latter’s negligent-misrepresentation claim against Betancourt, and REMAND the case for further proceedings consistent with this opinion.
Back to Letters from the Editor Archive CFLA was founded by the Nation's Leading Foreclosure Defense Attorneys back in 2007 to serve the Foreclosure Defense Industry and fight pervasive Bank Fraud. Since opening our virtual doors, CFLA has rapidly expanded to become the premier online legal destination for small businesses and consumers. But as the company continues to grow, we're careful to hold true to our original vision. For us, putting the law within reach of millions of people is more than just a novel idea—it's the founding principle, just ask Andrew P. Lehman, J.D.. With convenient locations in Houston and Los Angeles, you can contact Our National Account Specialist and General Manager / Member Damion W. Emholtz at 888-758-2352 for a free Mortgage Fraud Analysis or to obtain samples of work product, including cutting edge Bloomberg Securitization Audits, Litigation Support, Quiet Title Packages, and for more information about our Nationally Accredited and U.S. Department of Education Approved "Mortgage Securitization Analyst Training Certification" Classes (3 days) 24 hours for approved CLE & MCLE Credit (Now Available Online). SEE BELOW- http://www.certifiedforensicloanauditors.com Call us toll free at 888-758-2352 |
|
