Judge Lorna Schofield has agreed to stay a Fair Credit Reporting Act case until the U.S. Supreme Court issues its highly anticipated ruling in Robbins v. Spokeo, Inc. By entering
Continue Reading Another FCRA Case Stayed Until Supreme Court Rules in Spokeo
Florida Whistleblower Statute – Whistling Dixie if Federal Law Preempts
The United States Court of Appeals for the Eleventh Circuit, which governs Florida, recently found that Florida’s Whistleblower Statute is preempted by the National Bank Act.
The Plaintiff in
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Payroll Cards – Convenience or Crooked?
More and more, employers are ditching the traditional paper check and providing wages to their employees via a payroll card which works much like a debit card or gift card.
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Informational Documents Sent by Lenders Are Not Violations of 11 U.S.C. 524 Discharge Injunction
Section 11 USC 524(a)(2) states that “[a] discharge in a case under this title…operates as an injunction against the commencement or continuation of an action, the employment of process, or
Beware of Lien-Stripping in Chapter 13
In Chapter 13 bankruptcy cases, debtors and unsecured creditors have the ability to strip-off wholly unsecured liens pursuant to 11 U.S.C. 506(d). By example, in the recent case of In
No Private Right of Action Under HAMP
Many delinquent borrowers have recently been attempting to assert claims against their loan servicers for failing to provide loan modifications under the Home Affordable Modification Program (“HAMP”), which was created