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Real Property, Financial Services, & Title Insurance Update: Week Ending January 10,2020

Real Property Update

  • None of interest.

    Financial Services Update

    • TCPA / Reassignment of Number: Court denied the defendants' motions for summary judgment where the plaintiff did not give consent to receive calls, even though the defendants obtained consent from the individual to whom the phone number was previously assigned; although the defendants were not aware that the phone number was reassigned to the plaintiff, a good faith defense does not exist under these circumstances - Morgan v. Orlando Health, Inc., No. 6:17-cv-01972 (M.D. Fla. Oct. 15, 2019) (denying defendants' motion for summary judgment)

    • FCRA: Credit reporting agency willfully violated the FCRA by ignoring its own protocol to require more than two identifiers when conducting a criminal background check of an individual who had a common name and by failing to promulgate a procedure to flag the existence of an inaccurate first report for purposes of future reports concerning the same individual - Williams v. First Advantage LNS Screening Sols. Inc., No. 17-11447 (11th Cir. Jan. 9, 2020)

    Title Insurance Update

    • None of interest.

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    About this Author

    Scott D. Feather Shareholder Real Estate, Class Actions, Development ,Litigation and Trials, Real Property Litigation, Securities and Derivative Litigation, Telephone Consumer Protection Act, Title Insurance
    Shareholder

    Scott Feather, a commercial litigator and trial attorney, defends and prosecutes a diverse range of disputes, including complex matters, in both federal and state court, and in arbitration.  He represents national title insurance underwriters, financial institutions, lenders, creditors, developers and construction companies, and closely held companies.

    Scott's commercial litigation experience includes general disputes between businesses involving contract and business-related tort claims, defending companies in class actions and officers and directors in derivative actions and...

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