Marchisio v. Carrington Mortgage Services, LLC., No. 17-10584 (11th Cir. 2019)Annotate this Case
Plaintiffs filed suit against defendant, alleging violation of the Federal Fair Credit Reporting Act (FCRA), violation of the Florida Consumer Collection Practices Act, and breach of contract. This action arose when defendant incorrectly confirmed to credit reporting agencies that plaintiffs had a balloon payment pending, and then charged plaintiffs for lender-placed insurance on the property that plaintiffs had turned over to defendant years earlier and no longer owed.
The Eleventh Circuit affirmed the district court's finding of a willful FCRA violation, but reversed the denial of emotional distress and punitive damages because genuine issues of material fact exist concerning these claims; reversed the grant of summary judgment for defendant on the state claim, because genuine issues of material fact exist concerning where defendant made debt collection calls to plaintiff in the fall of 2013, whether defendant maintained procedures reasonably adapted to avoid violations of the Florida Consumer Collections Practices Act that would entitle defendant to the bona fide error defense, and whether defendant's vendor was acting as defendant's agent when it sent lender-placed insurance letters to plaintiffs; reversed the grant of summary judgment for defendants on the breach of contract claims, because genuine issues of material fact exist as to whether defendant breached the settlement agreement and whether plaintiffs have proved damages; vacated the award of attorney's fees to plaintiffs so that the district court can recalculate those fees at the conclusion of the litigation; and remanded for further proceedings.