RANDOLPH SELLERS, individually and on behalf of a class of persons similarly situated, TABETHA SELLERS, individually and on behalf of a class of persons similarly situated, Plaintiffs - Appellants, versus RUSHMORE LOAN MANAGEMENT SERVICES, LLC, Defendant - Appellee., 941 F.3d 1031

Summary

HOLDINGS: [1]-The district court erred in concluding that the lender's preclusion and/or preemption defense raised an individualized issue because it applied only to those class members who stayed in their homes post-bankruptcy because the legal question of whether the Bankruptcy Code precluded or displaced any remedy available under the FDCPA and Florida Consumer Collection Practices Act (FCCPA) for a claim that a creditor engaged in false or deceptive conduct by trying to collect a debt in violation of a discharge injunction was common to all class members; [2]-The district court, on remand, had to decide if common issues predominated; [3]-On remand, the district court had to consider whether any other elements or defenses related to the FCCPA claim raised individualized questions.