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Judge Grants MSJ For Defendant in Class-Action Over Dispute

Account Recovery

A District Court judge in Florida has granted a defendant’s motion for summary judgment in a class-action lawsuit involving alleged violations of the Fair Debt Collection Practices Act and the Florida Consumer Collection Protection Act.

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Judge Denies Defendant’s MSJ in FCCPA Case Over BK Filing, Attorney Representation

Account Recovery

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 (..)

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Daily Digest – March 29. Judge Denies Defendant’s MSJ in FCCPA Case; Ignite! Attendees Share Best Ideas

Account Recovery

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 (..)

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Judge Partially Grants MSJ For Defendant in FDCPA Case Over Alleged Threats, Use of Obscene Language

Account Recovery

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 … (..)

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Appeals Court Upholds MSJ For Defendant in FDCPA Vicarious Liability Case

Account Recovery

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.

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

Jimerson Firm

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.

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Are Proposals for Settlement Enforceable in FCCPA Cases?

Jimerson Firm

The Florida Consumer Collection Practices Act (FCCPA) is a pro-consumer statute. Given the pro-consumer nature of the statute, one big consideration for defending against FCCPA claims is how to shift risk to the plaintiff. . As such, businesses need to be aware of the statute and the risk and liability of the statute.