Account Recovery

MARCH 29, 2022

A District Court judge in Florida has denied a defendant’s motion for summary judgment while partially granting and partially denying a similar motion from the plaintiff in a Florida Consumer Collection Practices Act case over alleged attempts to collect a debt after the plaintiff had filed for bankruptcy protection and allegedly notified the (..)

Bankruptcy 246

Bankruptcy Judgment Consumer Collections Collections 246

Account Recovery

MARCH 29, 2022

JUDGE DENIES DEFENDANT’S MSJ IN FCCPA CASE OVER BK FILING, ATTORNEY REPRESENTATION A District Court judge in Florida has denied a defendant’s motion for summary judgment while partially granting and partially denying a similar motion from the plaintiff in a Florida Consumer Collection Practices Act case over alleged attempts to collect a debt (..)

Judgment 235

Judgment Consumer Collections Collections 235

Account Recovery

JUNE 24, 2021

A District Court judge in Florida has granted a defendant’s motion for summary judgment on most of the claims in a lawsuit accusing it of violating the Fair Debt Collection Practices Act and the Florida Consumer Collection Practices Act by misrepresenting that the collector was an attorney and by using obscene and profane language during … (..)

Fair Debt Collection 147

Fair Debt Collection Judgment Consumer Collections Collections 147

Account Recovery

JANUARY 28, 2021

The Eleventh Circuit Court of Appeals has upheld the summary judgment ruling in favor of a defendant that was sued for violating the Fair Debt Collection Practices Act and the Florida Consumer Collection Practices Act because of alleged misrepresentations made by another entity that was collecting on the defendant’s behalf.

Fair Debt Collection 147

Fair Debt Collection Judgment Consumer Collections Collections 147

Jimerson Firm

JANUARY 17, 2023

The Florida Consumer Collection Practices Act (FCCPA) and the Fair Debt Collection Practices Act (FDCPA) are two pro-consumer statutes. Oftentimes, consumer lawyers bring claims for technical violations of the statutes, even when there are not any actual damages suffered by a consumer. 2d 509 (Fla.

Consumer Collections 52

Consumer Collections Fair Debt Collection Financial services Banks 52

Jimerson Firm

JULY 21, 2021

Nevertheless, there appears to be an increase in class action complaints alleging violations of consumer protection laws such as Fair Debt Collection Practices Act (FDCPA), Florida’s Consumer Collections Practices Act (FCCPA), Fair Credit Reporting Act (FCRA), or Telephone Consumer Protection Act (TCPA).

Judgment 98

Judgment Fair Debt Collection Government Financial services 98

Troutman Sanders

FEBRUARY 3, 2023

The plaintiffs sued for violations of the Florida Consumer Collection Practices Act (FCCPA) and the FCRA. In its summary judgment opinion, the court addressed only the FCRA claim, holding the plaintiffs’ dispute was inherently a legal one that was not actionable under section 1681s-2(b).

Loans 52

Loans Bankruptcy Trade Judgment 52