Legal Opinion

Stephen Holzman v. Malcolm S. Gerald & Associates, Inc.

Court of Appeals for the Eleventh Circuit

Decided April 5, 2019No. 16-16511PublishedCited by 26 opinions

1Opinion of the Court

JULIE CARNES, Circuit Judge:

Plaintiff asserts claims under the federal Fair Debt Collection Practices Act ("FDCPA"), 15 U.S.C. § 1692 et seq. , and the Florida Consumer Collection Practices Act ("Florida Act"), Florida Statute § 559.55 et seq. , arising from an attempt by Defendants to collect on Plaintiff's time-barred consumer debt. As to his federal claims, Plaintiff alleges in his complaint that (1) a collection letter he received from Defendants in connection with the debt was "false, deceptive, or misleading" in violation of § 1692e of the FDCPA and (2) the general practice of…

2Cases cited11 opinions

  1. Ashcroft v. IqbalSupreme Court of the United States · 2009
  2. Michelle Tatis v. Allied Interstate LLCCourt of Appeals for the Third Circuit · 2018
  3. LeBlanc v. Unifund CCR PartnersCourt of Appeals for the Eleventh Circuit · 2010
  4. Huertas v. Galaxy Asset ManagementCourt of Appeals for the Third Circuit · 2011
  5. Stanley L. Crawford v. LVNV Funding, LLCCourt of Appeals for the Eleventh Circuit · 2014

6 more not listed; retrieve them via the Exa API.

3Cited by26 opinions

  1. Mr. Eddie I. Sierra v. City of Hallandale Beach FloridaCourt of Appeals for the Eleventh Circuit · 2021
  2. Richard Hunstein v. Preferred Collection and Management Services, Inc.Court of Appeals for the Eleventh Circuit · 2021
  3. Roth v. Nationstar Mortg., LLC (In Re Roth)Court of Appeals for the Eleventh Circuit · 2019
  4. Richard Hunstein v. Preferred Collection and Management Services, Inc.Court of Appeals for the Eleventh Circuit · 2021
  5. Michael Kaiser v. Cascade Capital, LLCCourt of Appeals for the Ninth Circuit · 2021

21 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API