Sellers v. Rushmore Loan Management Services, LLC, No. 18-11420 (11th Cir. 2019)
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Plaintiffs filed suit against Rushmore, seeking class certifications on claims arising under the Fair Debt Collection Practices Act (FDCPA) and the Florida Consumer Protection Practices Act (FDCCPA). Plaintiffs alleged that Rushmore made false, deceptive, and misleading representations when it sent mortgage statements and attempted to collect on their mortgage debt after they received a Chapter 7 discharge. The district court denied class certification.
The Eleventh Circuit held that the district court abused its discretion because at the first step of the predominance analysis it erroneously classified the question of whether the Bankruptcy Code precluded or preempted the FDCPA and FCCPA claims as raising an individual, rather than common, issue. Therefore, the court vacated the district court's judgment and remanded for the district court to reconsider plaintiffs' class certification motion in light of the court's conclusion that this question was common to all class members.
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