Anthony v. American General Financial Services, Inc.

The question is whether a debtor may sue to recover notary fees charged by a creditor in excess of the statutory maximum established by OCGA section 45-17-11(b). The case returns to us after we certified questions to the Georgia Supreme Court. See Anthony v. Am. Gen. Fin. Servs., Inc., 583 F.3d 1302, 1307 (11th Cir. 2009) (“Anthony I”); Anthony v. Am. Gen. Fin. Servs., Inc., 287 Ga. 448, 697 S.E.2d 166 (2010) (“Anthony IF). Based on the Georgia Supreme Court’s responses to those questions, we conclude that, except for the contract claim, the Anthonys’ complaint failed to state a claim upon…