Are Proposals for Settlement Enforceable in FCCPA Cases?
Jimerson Firm
JANUARY 12, 2023
In my experience, when plaintiffs’ lawyers challenge Proposal for Settlement, they principally rely upon Clayton v. The Clayton Court was asked to decide the question of “whether Florida’s offer of judgment statute is preempted by [the federal Fair Debt Collection Practices Act (“FDCPA”)].” See Clayton v. Bryan , 753 So. 2d 632 (Fla.
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