11th Circuit Vacates Ruling Denying Certification Of Class’s Debt Collection Claims

Mealey's (November 6, 2019, 8:06 AM EST) -- ATLANTA — An 11th Circuit U.S. Court of Appeals panel on Oct. 29 reversed a federal judge in Florida’s ruling denying certification of a proposed class that claims that a loan servicer violated the Fair Debt Collection Practices Act (FDCPA) and Florida Consumer Collection Practices Act (FCCPA), holding that the matter of whether the class members’ claims are preempted under the U.S. Bankruptcy Code is common to all class members (Randolph Sellers, et al. v. Rushmore Loan Management Services LLC, No. 18-11420, 11th Cir., 2019 U.S. App. LEXIS 32395)....