Overview

Carter Burgess is an attorney in Holland & Knight's Jacksonville office who focuses his practice on commercial litigation and consumer financial services litigation, representing clients in federal and state courts. An experienced trial attorney, Mr. Burgess represents financial institutions such as national and state banks, credit card issuers, credit unions, mortgage lenders and servicers, as well as other consumer financial service providers in litigation and arbitration.

Mr. Burgess assists clients with contested foreclosures, real estate and title issues, as well as alleged federal and state regulatory violations. He has significant experience defending claims arising under the Truth in Lending Act (TILA), Real Estate Settlement Procedures Act (RESPA), Fair Credit Reporting Act (FCRA), Telephone Consumer Protection Act (TCPA), Fair Debt Collection Practices Act (FDCPA) and the Florida Consumer Collection Practices Act (FCCPA), among other state and federal consumer protection laws.

Prior to joining Holland & Knight, Mr. Burgess handled consumer financial services litigation matters for a New Orleans-based law firm in its Jacksonville, Fla., office.

Experience

  • Defended several large mortgage servicing clients in lawsuits against claims for violations of the Fair Debt Collection Practices Act (FDCPA) and the Florida Consumer Collection Practices Act (FCCPA) based on communicating with a consumer after ongoing foreclosure proceedings
  • Defended a large mortgage servicing client in lawsuit involving a mortgage statement sent post final judgment of foreclosure having the contractual rate of interest and not the statutory judgment interest
  • Defended several large mortgage servicing clients in lawsuits involving violations of the FDCPA and Real Estate Settlement Procedures Act (RESPA) related to property inspection charges on the argument that said lawsuits were subject to the condition precedent contained in Paragraph 20 of the Mortgage 
     

  • Represented a large credit card issuer and servicer against numerous FCCPA claims related to creditor sending the debtor loan workout assistance information

Credentials

Education
  • Florida Coastal School of Law, J.D., cum laude
  • James Madison University, B.A.
Bar Admissions/Licenses
  • Florida
Court Admissions
  • All State Courts in Florida
  • U.S. District Court for the Middle District of Florida
  • U.S. District Court for the Northern District of Florida
  • U.S. District Court for the Southern District of Florida
  • U.S. Bankruptcy Court for the Middle District of Florida
  • U.S. Bankruptcy Court for the Northern District of Florida
  • U.S. Bankruptcy Court for the Southern District of Florida
  • U.S. Court of Appeals for the Eleventh Circuit
  • U.S. District Court for the Eastern District of Michigan
Memberships
  • Jacksonville Bar Association
  • Jacksonville Bankruptcy Bar Association
  • Jacksonville Beaches Bar Association
  • Florida Coastal Law Review, Editor in Chief
Honors & Awards
  • Rising Star, Florida Super Lawyers magazine, 2017, 2018

Speaking Engagements

News