• Condominium Developer Disclosure: condominium developer was permitted to materially modify the estimated closing date, subject to buyer's 15-day rescission period, since the condominium statute gives developers the ability to materially alter the offering circular and the estimated closing date is part of the offering circular or prospectus - Pretka v. Kolter City Plaza II, Inc., No. 9:09-cv-80706-KAM (S.D. Fla. Mar. 22, 2013) (granting defendant's motion for summary judgment)
  • FCRA: plaintiff could not sustain a claim under the Fair Credit Reporting Act (FCRA) where she failed to meet her burden under Georgia law and the FCRA has an increased burden by requiring malicious intent - Simpson v. Certegy Check Services, Inc., No. 12-14352 (11th Cir. Mar. 20, 2013) (affirming district court's grant of summary judgment in favor of defendant)
  • ILSA: defendant made use of interstate commerce for purposes of Interstate Land Sales Full Disclosure Act where plaintiff utilized telephone and e-mail communications when communicating with defendant's agents and the transaction was between a Florida corporation and a citizen of France, but fact issue remained as to whether defendant was a “developer” to which the Act would apply - Mendez v. Land Investors Corp., No. 2:12-cv-158-FtM-29SPC (M.D. Fla. March 22, 2013) (order granting in part and denying in part plaintiff's motion for partial summary judgment)
  • Jury Trial Waiver: FDUPTA and FCCPA claims which arose from collection activities for amounts due under note and mortgage fell within jury trial waiver precluding all claims related to mortgage - Martorella v. Deutsche Bank National Trust Co., No. 12-80372 (S.D. Fla. Mar. 18, 2013) (granting defendants' motion to strike plaintiff's jury trial demand)
  • FDUPTA: plaintiff's allegations that defendant charged excessive amounts for force-placed insurance for which defendant was paid commissions supports plaintiff's claim under the unfairness element of FDUPTA - Martorella v. Deutsche Bank National Trust Co., No. 12-80372 (S.D. Fla. Mar. 18, 2013) (denying defendants' motion to dismiss)