Eve A. Cann

Shareholder

Fort Lauderdale
T: 954.768.1612
F: 954.208.0636

Eve Cann is an experienced litigator, who advises and defends businesses, including banks, mortgage lenders, servicers, and companies large and small in a broad range of business and commercial disputes in state and federal courts.

Featured Video

The Telephone Consumer Protection Act and the Post-Facebook v. Duguid Landscape July 27, 2022

Featured Experience

Successfully obtained summary judgment in favor of a mortgage servicer on an issue of first impression regarding requirements of the CFPB and duty to review a loan application in conjunction with a set foreclosure sale.

Successfully obtained dismissal with prejudice of a claim against a mortgage servicer for violation of RESPA for failure to provide a substantive response, as required by the statute, to plaintiff's Request for Information regarding her loan account.

Successfully secured the vacating of an order of default against a financial institution, which was premised upon a fraudulent dismissal notice, which improperly attempted to declare the note and mortgage void and unenforceable.

Professional Biography

Eve Cann, managing shareholder in Baker Donelson's Fort Lauderdale office, is experienced in a broad range of business and commercial litigation matters, and focuses her practice on the representation of financial institutions and businesses large and small in both affirmative and defensive capacities.

Eve also has extensive experience representing clients in litigation involving commercial lease disputes, violations of the Telephone Consumer Protection Act (TCPA), maritime and admiralty issues, including vessel arrests, eminent domain issues, breach of contract, insurance coverage, partnership disputes, and tort-based claims, including in defense of class actions. She also regularly represents clients against claims of violations of federal and state consumer protection statutes, including violations of the Fair Debt Collection Practices Act (FDCPA) and its Florida-law equivalent, violations of the Fair Credit Reporting Act (FCRA), violations of the Servicemembers Civil Relief Act (SCRA), and violations of the Real Estate Settlement Procedures Act (RESPA). She also regularly handles responses to complaints to the Consumer Finance Protection Bureau (CFPB) for clients in the mortgage industry.

Won full defense verdict following trial for nationwide mortgage servicer and lender in heavily contested TCPA and Florida consumer protection suit, where over 500 calls were at issue and pre-suit demand neared $1 million.
Successfully defeated claim for prevailing party attorneys' fees where liability had been determined prior to trial. The jury awarded only $1 in nominal damages, and where prevailing party fee provision contained in contract to which neither party was signatory.
Successfully secured resolution of commercial lease dispute for national retail client involving permanently closed location where lease liability neared $1 million.
Successfully obtained summary judgment in favor of a mortgage servicer on an issue of first impression regarding requirements of the CFPB and duty to review a loan application in conjunction with a set foreclosure sale.
Successfully obtained dismissal with prejudice of a claim against a mortgage servicer for violation of RESPA for failure to provide a substantive response, as required by the statute, to plaintiff's Request for Information regarding her loan account.
Successfully secured the vacating of an order of default against a financial institution, which was premised upon a fraudulent dismissal notice, which improperly attempted to declare the note and mortgage void and unenforceable.
Prevailed in several quiet title suits which improperly sought to have mortgages declared void and unenforceable through the inappropriate application of Florida's statute of limitations on mortgage foreclosures.
Successfully represented a mortgage company in a case before the Florida Supreme Court, which found that foreclosures in Florida are not barred by the statute of limitations where an earlier foreclosure on the same loan was involuntarily dismissed. Baker Donelson further obtained a favorable ruling in the U.S. Court of Appeals for the Fifth Circuit in the same matter. This decision ended a trend by Florida appellate courts of finding that mortgage servicers lacked standing to foreclose and created the blueprint for the mortgage industry in Florida to prove standing in future actions.

Named a Rising Star by Florida Super Lawyers (2014 – 2017)
Named a "Top Up & Comer" by Florida Trend's Legal Elite (2016)
Member – American Bar Association
Member – Federal Bar Association
Member – Dade County Bar Association
Member – Broward County Bar Association

"Florida Legislature Course-Corrects with Amendments to the FTSA," republished June 2, 2023, in Daily Business Review (May 2023)
Co-author – "Florida Evidence Code Update Lowers Burden For Image Use," Law360 (September 2022)
Co-author – "In Reversing Hunstein, the Eleventh Circuit Stands Firm on Standing, But Other Questions Remain," republished October 5, 2022, in the Daily Business Review (September 2022)
Co-author – "Florida's New Sixth District Court of Appeal: What It Means for Judges and Attorneys in the State of Florida," republished in Law360 (September 2022)
Co-author – "Worry No More – Maps and Images Subject to Judicial Notice in Florida" (June 2022)
Co-author – "The Impact of the TransUnion Decision on Future Class Actions," republished August 2, 2021, in the Daily Business Review (June 2021)
Co-author – "New Limits on Predictive Dialers: Florida Enacts Its Version of the TCPA," republished in Westlaw (June 2021)
Co-author – "Hunstein on Rehearing – Revisiting Article III Standing in the Eleventh Circuit," republished June 20, 2021, in Receivables Advisor (May 2021)
Co-author – "Common Use of Third-Party Mail Vendors is Actionable Under the FDCPA" (April 2021)
Co-author – "SCOTUS Weighs in on the TCPA, Narrows Autodialer Definition," republished May 12, 2021, in the Daily Business Review (April 2021)
Co-author – "Florida Update – No Standing, No Fees is Dead: Borrowers Can Recover Fees When They Prevail on a Standing Defense" (January 2021)
Co-author – "We Owe It All to Them: Suffragettes Then and Now," Women's Initiative Newsletter (December 2020)
Co-author – "Eleventh Circuit Delivers Crushing Blow to Single-Text TCPA Plaintiffs," republished in Receivables Advisor (September 2019)
"SCOTUS Punts on TCPA Guidance," republished in Collection Advisor (June 2019)
"4 Takeaways For Lenders From Recent TCPA Decision," Law360 (February 2018)
"The Bartram Decision: Guidance For Foreclosure Actions?," Law360 (December 2016)

The Telephone Consumer Protection Act and the Post-Facebook v. Duguid Landscape (July 2022)
TCPA Case Law Update – 2021 Edition (September 2021)
Eminent Domain: Protecting Collateral from Government Seizure and Bad Borrowers (September 2020)
The TCPA and Customer Outreach (June 2020)

Baker Donelson Adds IP Attorney Catherine F. Hoffman as Shareholder in Fort Lauderdale Office (February 27, 2024)
Baker Donelson Relocates Fort Lauderdale Office (January 22, 2024)
Eve A. Cann Named Managing Shareholder of Baker Donelson's Fort Lauderdale Office (August 5, 2020)

Eve Cann Talks with Law360 About Firm's New Fort Lauderdale Office Space (January 26, 2024)
Eve Cann Discusses Baker Donelson's Fort Lauderdale Office Move in South Florida Business Journal (January 23, 2024)
Eve Cann Comments in Daily Business Review on New Florida Supreme Court Rule Making It Easier to Use Images and Maps in Litigation (September 12, 2022)
Eve Cann Shares Highlights of Baker Donelson's South Florida Presence in Law360 Pulse Office Snapshot (October 5, 2021)
Eve Cann Shares Insight into Likely 2021 Financial Services Litigation Trends with Capital Analytics Associates (January 27, 2021)
Daily Business Review Highlights Eve Cann as New Fort Lauderdale Office Managing Shareholder (August 6, 2020)

The Telephone Consumer Protection Act and the Post-Facebook v. Duguid Landscape (July 27, 2022)
TCPA Case Law Update – 2021 Edition (September 30, 2021)
Eminent Domain: Protecting Collateral from Government Seizure and Bad Borrowers (September 29, 2020)
The TCPA and Customer Outreach (June 17, 2020)

Practices

Industries

Education

University of Miami School of Law, J.D., 2007
University of Missouri-Columbia, B.A. in Psychology, 2003, cum laude

Admissions

Florida, 2007
U.S. District Court for the Northern, Southern and Middle Districts of Florida
U.S. Bankruptcy Court for the Southern District of Florida
11th Circuit Court of Appeals
U.S. Supreme Court

Featured Media

Baker Donelson Adds IP Attorney Catherine F. Hoffman as Shareholder in Fort Lauderdale Office

Press Release / February 27, 2024

Eve Cann Talks with Law360 About Firm's New Fort Lauderdale Office Space

News / January 26, 2024

Eve Cann Discusses Baker Donelson's Fort Lauderdale Office Move in South Florida Business Journal

News / January 23, 2024

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Baker Donelson is a national law firm with more than 650 attorneys and public policy advisors representing more than 30 practice areas to serve a wide range of legal needs. Clients receive knowledgeable guidance from experienced, multi-disciplined industry and client service teams, all seamlessly connected across 23 offices in Alabama, Florida, Georgia, Louisiana, Maryland, Mississippi, North Carolina, South Carolina, Tennessee, Texas, Virginia, and Washington, D.C.