• FDCPA: plaintiff could not sustain claim under Fair Debt Collection Practices Act (“FDCPA”) because defendant was engaged in the collection of its own debts, not the debts of another and, thus, did not qualify as a “debt collector” under the FDCPAGoia v. CitiFinancial Auto Corp., No. 12-12639 (11th Cir. Dec. 3, 2012) (affirming district court’s judgment in favor of defendant)
  • HAMP: borrowers failed to state claims for breach of contract to provide permanent modifications based upon lender’s alleged breaches of Trial Period Plans (“TPPs”) under federal Home Affordable Modification Program (“HAMP”) where pleadings demonstrated borrowers did not meet conditions of TPPs requiring (i) that lender sign the TPP to be effective or (ii) that borrowers meet HAMP’s financial-hardship requirement; lender’s acceptance of TPP payments did not prove intent to be bound because borrowers already owed regular payments and borrowers’ claims they never would have fallen behind absent HAMP only proved ineligibility for loan modification Pennington v. HSBC Bank USA, N.A., No. 12-50064 (5th Cir. Oct. 3, 2012) (affirming dismissals).