Zinni v. ER Solutions, Inc.; Dellapietro v. ARS National Services, Inc.; Desty v. Collection Information Bureau, Inc., No. 11-12413 (11th Cir. 2012)
Annotate this CaseIn consolidated appeals, plaintiffs appealed the district court's dismissal of their complaints for lack of subject matter jurisdiction. At issue was whether a settlement offer for the full amount of statutory damages requested under the Fair Debt Collection Practices Act (FDCPA), 15 U.S.C. 1692 et seq., mooted a claim brought pursuant to the FDCPA. The court held that the failure of defendants to offer judgment prevented the mooting of plaintiffs' FDCPA claims. The district court erred in concluding that defendants' offers of settlement were for full relief such that plaintiffs' cases were mooted. Accordingly, the court reversed and remanded.
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