Category Archives: 11th Circuit

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11th Circuit Answers When Would-Be ‘Customers’ May Bring a FINRA Arbitration Against FINRA Members and Associated Persons

By Terry R. Weiss, Mark A. Salky and Ian M. Ross on Posted in 11th Circuit, Arbitration, Client Alert, Financial Services Litigation, FINRA, Securities
Last week, in Pictet Overseas, Inc. v. Helvetia Trust, the Eleventh Circuit U.S. Court of Appeals affirmed a Florida district court’s order permanently enjoining two offshore trusts from pursuing a FINRA arbitration against a FINRA member and its associated person owners. In Pictet, two offshore trusts, Helvetia Trust and AAA Group International Trust, held custodial … Continue Reading

FDCPA – 11TH Circuit: Kinlock v. Wells Fargo Bank – Post-Foreclosure Offers of Financial Assistance to Defaulted Borrower Not Violative of FDCPA/Florida Consumer Collection Protection Act

By Kimberly A. Mello on Posted in 11th Circuit, Financial Services Litigation
A mortgage servicer’s offer of financial assistance to a defaulted borrower in order to induce him to vacate his property following foreclosure does not present a plausible claim under the FDCPA or its Florida equivalent. In Kinlock v. Wells Fargo Bank, N.A., No. 15-12867 (11th Cir. Feb. 26, 2016), a defaulted borrower sued his mortgage … Continue Reading
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