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REGIONS BANK v. LEGAL OUTSOURCE PA

No. 17-11736.

936 F.3d 1184 (2019)

REGIONS BANK, an Alabama state-chartered bank, Plaintiff-Counter Defendant-Appellee, v. LEGAL OUTSOURCE PA, a Florida professional association, Periwinkle Partners, LLC, a Florida limited liability company, Charles Paul-Thomas Phoenix, individually, a.k.a. Charles PT Phoenix, Lisa M. Phoenix, individually, Defendants-Counter Claimants-Appellants.

United States Court of Appeals, Eleventh Circuit.

August 28, 2019.

Attorney(s) appearing for the Case

John Albert Anthony , Stephenie Biernacki Anthony , Andrew James Ghekas , Dominic A. Isgro , Anthony & Partners, LLC, Tampa, FL, for Plaintiff-Appellee.

Jason Wayne Graham , Graham Legal, LLC, Sandy Springs, GA, Charles PT Phoenix , Rhodes Tucker, Sanibel, FL, for Defendants-Appellants.

Steven Y. Bressler , Assistant General Counsel for Litigation and Oversight, Consumer Financial Protection Bureau, Office of the General Counsel, Washington, DC, for Amicus Curiae CONSUMER FINANCIAL PROTECTION BUREAU.

Andrew W. Muller , Stinson Morrison & Hecker, LLP, Kansas City, MO, for AMERICAN BANKERS ASSOCIATION, INDEPENDENT COMMUNITY BANKERS OF AMERICA, FLORIDA BANKERS OF ASSOCIATION, ALABAMA BANKERS ASSOCIATION, MISSOURI BANKERS ASSOCIATION.

Before WILLIAM PRYOR, and ROSENBAUM, Circuit Judges, and MOORE, District Judge.

The main issue presented by this appeal has divided our sister circuits: whether a guarantor constitutes an "applicant" under the Equal Credit Opportunity Act. See 15 U.S.C. §§ 1691(a), 1691a(b). Compare Hawkins v. Cmty. Bank of Raymore, 761 F.3d 937 (8th Cir...

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