Eleventh Circuit Affirms Dismissal of FDCPA Class Action for Judicial Foreclosure Practices

On February 11, 2020, the United States Circuit Court of Appeal for the Eleventh Circuit issued its opinion in Anderman v. JP Morgan Chase Bank, N.A., Case No. 19-13734 regarding the applicability of the federal Fair Debt Collection Practices Act (“FDCPA”) to certain conduct in judicial foreclosure actions. In Anderman, the plaintiffs alleged on behalf of themselves and a class of similarly situated individuals that JPMorgan Chase and its counsel violated the FDCPA by allegedly seeking to collect a debt against the potential heirs of deceased borrowers by naming them in foreclosure complaints. The plaintiffs alleged that cautionary language in Florida’s summons form and the fact that the complaint reserved jurisdiction to enter a deficiency judgment made the foreclosure action an attempt to collect a debt against the deceased borrower’s heirs – which the plaintiffs argued was improper since they do not owe the decedent’s debt.

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