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Are Proposals for Settlement Enforceable in FCCPA Cases?

Jimerson Firm

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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What Are “Statutory Damages” Under the FCCPA and the FDCPA?

Jimerson Firm

Oftentimes, consumer lawyers bring claims for technical violations of the statutes, even when there are not any actual damages suffered by a consumer. is board certified in business litigation by the Florida Bar and practices in the firm’s banking and financial services industry team. Businesses should be aware of each statute.