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A new article has been added to our website regarding Attorney General Bill McCollum and Chief Financial Officer Alex Sink reining in abusive debt collectors. Read more...
Lawsuit pending in federal court Middle District of Florida. Plaintiff sued defendant for consumer violations for attempting to collect a debt which Plaintiff didn't owe.
Saxon Gilmore represented two consumers against Suncoast Vacations. As a result of our efforts, the company decided not to pursue the charge for a vacation rental package, which was contested by our clients.
A federal judge in the Middle District of Florida, Tampa Division, recently entered a judgment for statutory damages against Equilease Residential Services, LLC and in favor of our clients pursuant to the Florida Consumer Collection Practices Act. The Court approved the full amount of statutory damages sought by our clients.
Florida Consumer Collection Practices Act (FCCPA), which prohibits enforcement of a debt when a person knows the debt is not legitimate or asserts the existence of a legal right that is known not to exist, appears to contemplate reliance on the legal status of a debt and, thus, consideration of whether other sections of the statutory code have been violated.
Debtor's claims against creditor for violations of statute governing the collection of consumer debt, as well as intentional infliction of emotional distress, assault, and battery, were not compulsory counterclaims in creditor's previous action to enforce promissory notes, and thus debtor's failure to assert such claims in creditor's earlier action did not warrant dismissal of debtor's present action.
To see complete detail, click here Florida Consumer Collection Practices Act.
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