Reginald Warren, Sr. v. Countrywide Home Loan, Inc, 342 F. App'x 458 (11th Cir. 2009). · Go Syfert
Reginald Warren, Sr. v. Countrywide Home Loan, Inc, 342 F. App'x 458 (11th Cir. 2009). Cases Citing This Book View Copy Cite
68 citation events (68 in the last 25 years) across 20 distinct courts.
Strongest positive: Helman v. Udren Law Offices, P.C. (flsd, 2014-12-18)
Treatment trajectory · 2010 → 2026 · click a year to view as-of
2010 2018 2026
Top citers, strongest first. 32 distinct citers. How cited ↗
examined Cited as authority (verbatim quote) Helman v. Udren Law Offices, P.C. (3×) also: Cited as authority (rule), Cited "see"
S.D. Fla. · 2014 · quote attribution · 1 verbatim quote · confidence high
nearly every court that has addressed the question has held that the foreclosing on a mortgage is not debt collection activity for the purposes of the fdcpa.
cited Cited as authority (rule) Mathieson v. Wells Fargo Bank, N.A.
M.D. Fla. · 2021 · confidence medium
Warren v. Countrywide Home Loans, Inc., 342 F. App’x 458, 461 (11th Cir. 2009).
cited Cited as authority (rule) Brown v. Lakeview Loan Servicing, LLC
W.D.N.C. · 2020 · confidence medium
Ga. 2011) (citing Warren v. Countrywide Home Loans, Inc., 342 Fed.Appx. 458, 460 (11th Cir. 2009)).
cited Cited as authority (rule) Godoy v. Caliber Home Loans, Inc.
M.D. Fla. · 2019 · confidence medium
Warren v. Countrywide Home Loans, Inc., 342 F. App’x 458, 460 (11th Cir. 2009).
discussed Cited as authority (rule) McCleary v. DLJ Mortgage Capital, Inc.
S.D. Ala. · 2017 · confidence medium
The defendants note without comment that “an enforcer of a security interest, such as a mortgage company foreclosing on mortgages of real property … falls outside the ambit of the FDCPA except for the provisions of section 1692f(6).” Warren v. Countrywide Home Loans, Inc., 342 Fed.
discussed Cited as authority (rule) Vien-Phuong Ho v. Recontrust Co.
9th Cir. · 2017 · confidence medium
Given this ambiguity, we are hesitant to construe federal law in a manner that interferes with California’s system for conducting non- 11 Compare Glazer, 704 F.3d at 461 (holding that all “mortgage foreclosure is debt collection” for the purposes of the FDCPA); Wilson, 443 F.3d at 378–79 (similar); and Piper v. Portnoff Law Assocs., Ltd., 396 F.3d at 235–36 (3d Cir. 2005) (similar), with Burnett, 706 F.3d at 1239 (suggesting that non-judicial foreclosure is not debt collection for purposes of the FDCPA, but refusing to so hold); Warren v. Countrywide Home Loans, Inc., 342 F. App’x …
discussed Cited as authority (rule) Adams v. Bank of America, N.A. (2×)
unknown court · 2017 · confidence medium
Funding Corp., 630 Fed.Appx. 928, 930 (11th Cir. 2015) (citing 15 U.S.C. § 1692a(6)). “[A]n enforcer of a security interest, such as [a mortgage servicing company] foreclosing on mortgages of real property ... falls outside the ambit of the FDCPA except for the provisions of section 1692f(6).” 16 Warren v. Countrywide Home Loans, Inc., 342 Fed.Appx. 458, 460-61 (11th Cir. 2009) (per curiam) (collecting cases); accord Ausar-El ex el.
discussed Cited as authority (rule) Vien-Phuong Thi Ho v. Recontrust Co. (2×)
9th Cir. · 2016 · confidence medium
Compare Glazer, 704 F.3d at 461 (holding that all "mortgage foreclosure is debt collection” for the purposes of the FDCPA); Wilson, 443 F.3d at 378-79 (similar); and Piper v. Portnoff Law Assocs., Ltd., 396 F.3d at 235-36 (3d Cir. 2005) (similar), with Burnett, 706 F.3d at 1239 (suggesting that non-judicial foreclosure is not debt collection for purposes of the FDCPA, but refusing to so hold); Warren v. Countrywide Home Loans, Inc., 342 Fed.Appx. 458, 461 (11th Cir. 2009) (holding that "foreclosing on a home is not debt collection for purposes” of the FDCPA); and Brown v. Morris, 243 Fed.A…
discussed Cited as authority (rule) Vien-Phuong Thi Ho v. ReconTrust Co.
9th Cir. · 2016 · confidence medium
Compare Glazer, 704 F.3d at 461 (holding that all "mortgage foreclosure is debt collection” for the purposes of the FDCPA); Wilson, 443 F.3d at 378-79 (similar); and Piper v. Portnoff Law Assocs., Ltd., 396 F.3d at 235-36 (3d Cir. 2005) (similar), with Burnett, 706 F.3d at 1239 (suggesting that non-judicial foreclosure is not debt collection for purposes of the FDCPA, but refusing to so hold); Warren v. Countiywide Home Loans, Inc., 342 Fed.Appx. 458, 461 (11th Cir. 2009) (holding that "foreclosing on a home is not debt collection for purposes” of the FDCPA); and Brown v. Morris, 243 Fed.A…
examined Cited as authority (rule) Alaska Trustee, LLC v. Ambridge (8×) also: Cited "see, e.g."
Alaska · 2016 · confidence medium
The court in Derisme also relied on the FTC "Commentary on the Fair Debt Collection Practices Act," as cited in Jordan v. Kent Recovery Servs., Inc., 731 F.Supp. 652, 658 (D.Del.1990), and Warren v. Countrywide Home Loans, Inc., 342 Fed.Appx. 458, 460 (11th Cir,2009) (referencing the principle of expressio unius est exclusio alteri- - us and concluding that "the statute specifically says that a person in the business of enforcing security interests is a 'debt collector' for the purposes of § 1692f(6), which reasongbly suggests that such a person is not a debt collector for purposes of the oth…
examined Cited as authority (rule) Summerlin v. Shellpoint Mortgage Services (3×) also: Cited "see"
N.D. Ala. · 2016 · confidence medium
However, “an enforc er of a security interest, such as [a mortgage servicing company like Defendant] foreclosing on mortgages of real property ... falls outside the ambit of the FDCPA except for the . provisions of section 1692f(6).” 16 Warren v. Countrywide Home Loans, Inc., 342 Fed.Appx. 458, 460-61 (11th Cir.2009) (per curiam) (collecting cases); accord Ausar-El ex el.
discussed Cited as authority (rule) Burdick v. Bank of America
S.D. Fla. · 2015 · signal: cf. · confidence medium
Reese v. Ellis, Painter, Ratterree & Adams, LLP, 678 F.3d 1211, 1217 (11th Cir.2012) (“[t]he fact that' the letter and documents relate to the enforcement of a security interest does not prevent them from also relating to the collection of a debt within the meaning of § 1692e.”); cf. Warren v. Countrywide Home Loans, Inc., 342 Fed.Appx. 458, 460 (11th Cir.2009) (holding that- a mortgage servicer did not violate the FDCPA “by failing to respond to [a plaintiffs] request for verification of his debt before it proceeded with a foreclosure sale of his home”).
cited Cited as authority (rule) Goodin v. Bank of America N.A.
M.D. Fla. · 2015 · confidence medium
Warren v. Countrywide Home Loans, Inc., 342 Fed.Appx. 458, 461 (11th Cir.2009).
discussed Cited as authority (rule) Andrew D. Dunavant, Jr. v. Sirote & Permutt, PC
11th Cir. · 2015 · confidence medium
The district court relied in part on our unpublished 1 decision in Warren v. Countrywide Home Loans, Inc., 342 Fed.Appx. 458 (11th Cir.2009) (per curiam), for the proposition “that an enforcer of a security interest, such as a [mortgage company] foreclosing on mortgages of real property ... falls outside the ambit of the FDCPA except for the provisions of section 1692f(6).” Id. at 460 (alteration and omission in original) (internal quotation marks omitted).
examined Cited as authority (rule) Beepot v. J.P. Morgan Chase National Corporate Services, Inc. (4×) also: Cited "see", Cited "see, e.g."
M.D. Fla. · 2014 · confidence medium
“The FDCPA defines a ‘debt collector’ as a person who uses an instrumentality of interstate commerce or the mails in a business which has the principal purpose of collecting debts, or who regularly collects debts owed to another.” Warren v. Countrywide Home Loans, Inc., 342 Fed.Appx. 458, 460 (11th Cir.2009) (citing 15 U.S.C. § 1692a(6)).
discussed Cited as authority (rule) Davidson v. Capital One Bank (USA), N.A.
N.D. Ga. · 2014 · confidence medium
They must either be “a person who uses an instrumentality of interstate commerce or the mails in a business which has the principal purpose of collecting debts, or who regularly collects debts owed to another.” Warren v. Countrywide Home Loans, Inc., 342 Fed.Appx. 458, 460 (11th Cir.2009) (emphasis added).
discussed Cited as authority (rule) Deutsche Bank Trust Co. Americas v. Garst
N.D. Ala. · 2013 · confidence medium
“Collecting Debt” Deutsche’s argument that it was not collecting debt stems-from Warren v. Countrywide Home Loans, Inc., 342 Fed.Appx. 458, 460 (11th Cir.2009), an unpublished opinion holding that “enforcement of a security interest through the foreclosure process is not debt collection for purposes of the [FDCPA].” See also Ausar-El ex rel.
discussed Cited as authority (rule) Fenello v. Bank of America, N.A.
N.D. Ga. · 2013 · confidence medium
Section 1692g(b) provides that “if a consumer notifies a debt collector in writing that a debt is disputed, the collector must cease collection of that debt until the debt collector verifies the debt and mails a copy of the verification to the consumer.” Warren v. Countrywide Home Loans, Inc., 342 Fed.Appx. 458, 460 (11th Cir.2009) (citing 15 U.S.C. § 1692g(b)).
discussed Cited as authority (rule) Moore v. McCalla Raymer, LLC
N.D. Ga. · 2013 · confidence medium
“Under § 1692f(6), a debt collector may not take or threaten to take a consumer’s property in a non-judicial action if (a) there is no present right to the property through an enforceable security interest ....” Warren v. Countrywide Home Loans, Inc., 342 Fed.Appx. 458, 460 (11th Cir.2009) (holding that the FDCPA only applies to a non-judicial foreclosure sale “for the purposes of § 1692f(6)”) (citation omitted).
discussed Cited as authority (rule) Derisme v. Hunt Leibert Jacobson P.C. (2×) also: Cited "see, e.g."
D. Conn. · 2012 · confidence medium
The Eleventh Circuit recently addressed this issue and reasoned that since “the statute specifically says that a person in the business of enforcing security interests is a ‘debt collector’ for the purposes of § 1692f(6)” that “reasonably suggests that such a person is not a debt collector for purposes of the other sections of the Act.” Warren v. Countrywide Home Loans, Inc., 342 Fed.Appx. 458, 460 (11th Cir.2009).
discussed Cited as authority (rule) Derisme v. Hunt Leibert Jacobson P.C. (2×) also: Cited "see, e.g."
D. Conn. · 2012 · confidence medium
The Eleventh Circuit recently addressed this issue and reasoned that since “the statute specifically says that a person in the business of enforcing security interests is a ‘debt collector’ for the purposes of § 1692f(6)” that “reasonably suggests that such a person is not a debt collector for purposes of the other sections of the Act.” Warren v. Countrywide Home Loans, Inc., 342 Fed.Appx. 458, 460 (11th Cir.2009).
discussed Cited as authority (rule) Birster v. American Home Mortgage Servicing, Inc.
S.D. Fla. · 2011 · confidence medium
In Warren v. Countrywide Home Loans, Inc., the Eleventh Circuit explained that “Congress enacted the FDCPA to (a) stop debt collectors from using abus[ive] debt collection practices, (b) insure that debt collectors who refrain from such practices are not competitively disadvantaged, and (c) promote consistent] state action to protect consumers from such practices.” 342 Fed.Appx. 458, 460 (11th Cir.2009).
discussed Cited as authority (rule) Frazer v. IPM Corp. of Brevard, Inc.
N.D. Ga. · 2011 · confidence medium
A “debt collector” is defined under the FDCPA as any person who “uses any instrumentality of interstate commerce or the mails in any business the principal purpose of which is the collection of any debts, or regularly collects or attempts to collect, directly or indirectly, debts owed or due or asserted to be owed or due another.” 15 U.S.C. § 1692a(6); Warren v. Countrywide Home Loans, Inc., 342 Fed.Appx. 458, 460 (11th Cir.2009).
discussed Cited "see" Goodreau v. US Bank Trust National Association
N.D. Ala. · 2021 · signal: see · confidence high
(Doc. 56 at 30); see Warren v. Countrywide Home Loans, Inc., 342 F. App’x 458, 460-61 (11th Cir. 2009) (per curiam ) (alterations incorporated) (“An enforcer of a security interest, such as a mortgage servicing company foreclosing on mortgages of real property falls outside the ambit of the FDCPA except for the provisions of 1692(f)(6)” and “foreclosing on a home is not debt collection”); see also Ausar–El ex rel.
discussed Cited "see" Tonea v. Bank of America, N.A. (2×) also: Cited "see, e.g."
N.D. Ga. · 2014 · signal: see · confidence high
See Warren v. Countrywide Home Loans, Inc., 342 Fed.Appx. 458, 460-61 (11th Cir. 2009) (per curiam) (citing Chomilo v. Shapiro, Nordmeyer & Zielke, LLP, No. 06-3103 (RHK/AJB), 2007 WL 2695795 , at *3-4 (D.Minn.
discussed Cited "see" Graveling v. BankUnited N.A.
N.D. Ala. · 2013 · signal: see · confidence high
See Warren v. Countrywide Home Loans, Inc., 342 Fed.Appx. 458, 460 (11th Cir.2009) (unpublished) (determining that “foreclosing on a security interest is not debt collection activity for the purposes of’ the FDCPA). 2 3.
discussed Cited "see" Jenkins v. BAC Home Loan Servicing, LP
M.D. Ga. · 2011 · signal: see · confidence high
See Warren v. Countrywide Home Loans, Inc., 342 Fed.Appx. 458, 460 (11th Cir.2009) (determining that “the act of foreclosing on a security interest is not debt collection activity for the purposes of the FDCPA.”); Bentley v. Bank of Am., N.A., 773 F.Supp.2d 1367, 1371 (S.D.Fla.
discussed Cited "see, e.g." Ademiluyi v. Pennymac Mortgage Investment Trust Holdings I, LLC
D. Maryland · 2013 · signal: see, e.g. · confidence medium
Recently, in Glazer v. Chase Home Finance LLC, 704 F.3d 453, 460 (6th Cir.2013), the Sixth Circuit observed that “confusion has arisen on the question [of] whether mortgage foreclosure is debt collection under the [FDCPA].” As the Glazer Court explained, those courts holding that mortgage foreclosure is not debt collection have adopted the view “that the enforcement of a security interest, which is precisely what mortgage foreclosure is, is not debt collection.” Id.; see, e.g., Warren v. Countrywide Home Loans, Inc., 342 Fed.Appx. 458, 460-61 (11th Cir.2009) (per curiam) (collecting ca…
discussed Cited "see, e.g." Newman v. Trott & Trott, P.C.
E.D. Mich. · 2012 · signal: see also · confidence medium
See Montgomery, 346 F.3d at 700 -01 (quoting and concluding, “an enforcer of a security interest ... falls outside the ambit of the FDCPA for all purposes, except for the purposes of § 1692f(6).”) (citation omitted); see also Warren v. Countrywide Home Loans, Inc., 342 Fed.Appx. 458, 460 (11th Cir.2009) (citing Montgomery with approval and holding, “the plain language of the FDCPA supports ... the conclusion that foreclosing on a security interest is not debt collection activity for purposes of [certain FDCPA provisions],” and “an enforcer of a security interest, such as a [mortgage…
cited Cited "see, e.g." Trunzo v. Citi Mortgage
W.D. Pa. · 2012 · signal: compare · confidence medium
Compare Warren v. Countrywide Home Loans, Inc., 342 Fed.Appx. 458, 460 (11th Cir.2009) with Wilson v. Draper & Goldberg, P.L.L.C., 443 F.3d 373, 378 (4th Cir.2006).
cited Cited "see, e.g." Golliday v. Chase Home Finance, LLC
W.D. Mich. · 2011 · signal: see also · confidence medium
See Montgomery v. Huntington Bank, 346 F.3d 693, 700-01 (6th Cir.2003); see also Warren v. Countrywide Home Loans, Inc., 342 Fed.Appx. 458, 460-61 (11th Cir.2009) (collecting cases).
discussed Cited "see, e.g." Ruggia v. Washington Mutual
E.D. Va. · 2010 · signal: see also · confidence low
More specifically, “creditors, mortgagors, and mortgage servicing companies are not debt collectors and are statutorily exempt from liability under the FDCPA” Id.; see also Warren v. Countrywide Home Loans, Inc., 342 Fed.Appx. 458 (11th Cir.2009) (“several courts have held that an enforcer of a security interest, such as a mortgage company foreclosing on mortgages of real property falls outside the ambit of the FDCPA ...”).
Retrieving the full opinion text from the archive…
Reginald WARREN, Sr., Plaintiff-Appellant,
v.
COUNTRYWIDE HOME LOANS, INC., Defendant-Appellee
08-16171.
Court of Appeals for the Eleventh Circuit.
Aug 14, 2009.
342 F. App'x 458
Tjoflat, Edmondson, Marcus.
Cited by 42 opinions  |  Unpublished
PER CURIAM:

Reginald Warren, proceeding pro se, appeals the dismissal of his civil action against Countrywide Home Loans, Inc. (“Countrywide”), in which he alleged violations of Georgia state law and the Fair Debt Collection Practices Act (the “FDCPA”), 15 U.S.C. § 1692g(b). On appeal, Warren argues that: (1) Countrywide violated the FDCPA by failing to respond to his request for verification of his debt before it proceeded with a foreclosure sale of his home, and by failing to tell the major credit bureaus that he had disputed the debt; (2) Countrywide violated the Federal Trade Commission Act (the “FTCA”), the Fair Credit Reporting Act (the “FCRA”), and the Truth in Lending Act (the “TILA”). After careful review, we affirm.

We review the grant of a motion to dismiss under Fed.R.Civ.P. 12(b)(6) for failure to state a claim de novo, accepting the allegations in the complaint as true and construing them in the light most favorable to the plaintiff. Glover v. Liggett Group, Inc., 459 F.3d 1304, 1308 (11th Cir.2006). A pro se complaint should be construed more liberally than formal pleadings drafted by lawyers. Powell v. Lennon, 914 F.2d 1459, 1463 (11th Cir.1990). However, our “duty to liberally construe a plaintiffs complaint in the face of a motion to dismiss is not the equivalent of a duty to re-write it for [the plaintiff].” Snow v. DirecTV, Inc., 450 F.3d 1314, 1320 (11th Cir.2006) (citation omitted).

In addition, issues not briefed on appeal by a pro se litigant are deemed abandoned. Horsley v. Feldt, 304 F.3d 1125, 1131 n. 1 (11th Cir.2002). Even though we read pro se pleadings liberally, a pro se litigant who does not challenge an issue abandons that issue on appeal. See Irwin v. Hawk, 40 F.3d 347, 347 n. 1 (11th Cir.1994) (holding that a pro se litigant abandoned an issue by not challenging it on appeal). Further, an issue may be deemed abandoned where a party only mentions it in passing, without providing substantive argument in support. See Rowe v. Schreiber, 139 F.3d 1381, 1382 n. 1 (11th Cir.1998) (refusing to reach an issue mentioned in passing in the plaintiffs brief because the issue had no supporting argument or discussion). Finally, we generally will not consider an issue not raised in the district court. Access Now, Inc. v. Southwest Airlines Co., 385 F.3d 1324, 1331 (11th Cir.2004). This is so because, if we regularly were to address issues not examined by the district court, we would waste resources and deviate from the essential purpose of an appellate court. Id.

As an initial matter, Warren did not argue before the district court that Countrywide violated the FDCPA by failing to notify the major credit bureaus that he had disputed his debt. Likewise, he did not present the district court with his claims that Countrywide violated the FTCA, the FCRA, or the TILA. Accordingly, we decline to address these arguments on appeal. See id. 1

[*460] We also reject Warren’s apparent argument — construed loosely from his brief— that the district court erred by dismissing his claim that Countrywide violated the FDCPA by failing to respond to his request for verification of his debt before it proceeded with a foreclosure sale of his home. Congress enacted the FDCPA to (a) stop debt collectors from using abuse debt collection practices, (b) insure that debt collectors who refrain from such practices are not competitively disadvantaged, and (c) promote consist state action to protect consumers from such practices. 15 U.S.C. § 1692(e). Under the FDCPA, if a consumer notifies a debt collector in writing that a debt is disputed, the collector must cease collection of that debt until the debt collector verifies the debt and mails a copy of the verification to the consumer. Id. § 1692g(b).

The FDCPA defines a “debt collector” as a person who uses an instrumentality of interstate commerce or the mails in a business which has the principal purpose of collecting debts, or who regularly collects debts owed to another. Id. § 1692a(6). Further, for the purpose of 15 U.S.C. § 1692f(6), the term also includes “any person who uses any instrumentality of interstate commerce or the mails in any business the principal purpose of which is the enforcement of security interests.” Id. § 1692a(6). Under § 1692f(6), a debt collector may not take or threaten to take a consumer’s property in a nonjudicial action if (a) there is no present right to the property through an enforceable security interest, (b) there is no present intention to take possession of the property, or (c) the property is exempt from being taken. Id. § 1692f(6).

Notably, the FDCPA does not define “debt collection.” See id. § 1692a. However, the plain language of the FDCPA supports the district court’s conclusion that foreclosing on a security interest is not debt collection activity for purposes of § 1692g. See id. § 1692a(6). Indeed, the statute specifically says that a person in the business of enforcing security interests is a “debt collector” for the purposes of § 1692f(6), which reasonably suggests that such a person is not a debt collector for purposes of the other sections of the Act. See Fla. Right to Life, Inc. v. Lamar, 273 F.3d 1318, 1327 (11th Cir.2001) (recognizing the interpretive canon of expressio un-ius est exclusio alterius, which provides that “the expression of one thing implies the exclusion of another”) (quotations omitted). Thus, if a person enforcing a security interest is not a debt collector, it likewise is reasonable to conclude that enforcement of a security interest through the foreclosure process is not debt collection for purposes of the Act.

Following this reasoning, several courts have held that “an enforcer of a security interest, such as a [mortgage company] foreclosing on mortgages of real property ... falls outside the ambit of the FDCPA except for the provisions of section 1692f(6).” Chomilo v. Shapiro, Nordmeyer & Ziellce, LLP, No. 06-3103 (RHK/AJB), 2007 WL 2695795, at *3-4 (D.Minn. Sept.12, 2007); see also Montgomery v. Huntington Bank, 346 F.3d 693,[*461] 699-700 (6th Cir.2003) (finding that enforcer of security interest falls outside of FDCPA provisions); Overton v. Foutty & Foutty, LLP, No. l:07-CV-0274-DFHTAB, 2007 WL 2413026, at *3-6 (S.D.Ind. August 21, 2007) (“If a person invokes judicial remedies only to enforce the security interest in property, then the effort is not subject to the FDCPA (other than § 1692f(6) and § 1692i(a)).”) (emphasis omitted); Trent v. Mortgage Elect. Registration Sys., Inc., 618 F.Supp.2d 1356, 1360-62 (M.D.Fla.2007) (applying the analysis of the FDCPA to Florida’s counterpart and finding that a mortgage foreclosure action did not qualify as debt collection activity); Beadle v. Haughey, No. Civ. 04-272-SM, 2005 WL 300060, at *3 (D.N.H. February 9, 2005) (“Nearly every court that has addressed the question has held that foreclosing on a mortgage is not debt collection activity for purposes of the FDCPA.”). We agree with the conclusions of these courts.

In short, since foreclosing on a home is not debt collection for purposes of § 1692g, Warren did not, and could not, state a claim under that provision based on Countrywide’s foreclosure sale of his home. Accordingly, the district court did not err by dismissing this claim, and we affirm.

AFFIRMED.

1

. Moreover, although Warren did vaguely allege violations of "Georgia's Procedural Foreclosure Law” before the district court, he generally failed to offer any allegations pertaining to Georgia law, or even which statutory provisions he was claiming Countrywide[*460] violated, before the district court. In fact, the only specific allegation he made regarding Georgia law was that Countrywide had “plaintiff's home listed in the newspaper for sale” — which is plainly a requirement, and not a violation, of Georgia law. See O.C.G.A. § 44-14-162. The district court therefore did not err in dismissing Warren’s Georgia law claims. Snow, 450 F.3d at 1320. Further, while Warren lists several provisions of the Georgia Code that he claims were violated in his appeal brief, we will not consider these claims since he failed to raise them in the district court. Access Now, Inc., 385 F.3d at 1331.