As previously reported, a federal judge in Atlanta denied a law firm’s motion to dismiss a claim against it filed by the Consumer Financial Protection Bureau for violations of the Fair Debt Collection Practices Act and the Consumer Financial Protection Act or the Dodd-Frank Act. On July 27, Frederick J. Hanna & Associates filed a motion seeking certification of the order denying their motion to dismiss for interlocutory review.
For an interlocutory appeal to be certified, the order being appealed must involve “a controlling question of law as to which there is a substantial ground for difference of opinion” and the interlocutory appeal must “materially advance the ultimate termination of the litigation.” Hanna alleges that both conditions are met.
Hanna focuses their motion on three key issues: (1) the practice-of-law exclusion; (2) the meaningful attorney involvement rule; and (3) the statute of limitations. Hanna argues that all three of these issues are unique and/or critical and warrant immediate appellate review.