Florida/Georgia Personal Injury & Workers Compensation

...Florida Consumer Collection Practices Act (“FCCPA”).1 The debt sought to be 1 Pursuant to both the FDCPA and the FCCPA, “consumer” is defined as “any natural person obligated or allegedly obligated to pay any debt.” 15 U.S.C. §1692a(3); FLA . STAT . §559.55(2) (including “debtor” in the same definition). 2 collected is a “consumer debt” within the meaning of the acts.2 (Am.Compl....

...to pay money arising out of a transaction in which the money, property, insurance, or services which are the subject of the transaction are primarily for personal, family, or household purposes, whether or not such obligation has been reduced to judgment.” FLA . STAT . §559.55(1)....

...§1692a. 4 “Consumer collection agency” refers to “any debt collector or business entity engaged in the business of soliciting consumer debts for collection or of collecting consumer debts, which debt collector or business is not expressly exempted as set forth in §559.553(4).” FLA . STAT . §559.55(7). 3 card account from Bank One.5 Bank One was owned by JP Morgan Chase or one of its subsidiaries....

...collection agency” with the State of Florida, as required by the FCCPA. The district court held that Unifund could not legally sue Leblanc to collect the debt without first registering with Florida’s Office of Financial Regulation as required by Section 559.553 of the FCCPA....

...a federal cause of action pursuant to Section 1692e of the FDCPA for threatening to take an action that cannot legally be taken is cognizable when premised upon failure to register as a consumer collection agency as required by state law, namely, Section 559.553 of the FCCPA.9 (See discussion, infra, Section “III,B,iii”) Determining 9 In terms of taking an action that could not legally be taken, the theory is that if a debt collector cannot bring suit for whatever reason, it should not represent to the consumer, even implicitly, that it will sue. See Gaetano v....

...Household Bank, Ltd., 969 So.2d 509 (Fla. Dist.Ct. App. 1st Dist. 2007). Under the FCCPA, “no person shall engage in business in this state as a consumer collection agency . . . without first registering in accordance with this part [Sections 559.553 and 559.555] . . . and thereafter maintaining a valid 9 registration.”.10 FLA . STAT . §559.553(1) and (2). Section 559.553 of the FCCPA does not itself provide a private right of action. FLA . STAT . §559.72 (identifying types of FCCPA violations that give rise to a private cause of action and omitting §559.553)....

...exempt” any person or entity subject to its provisions from complying with the 10 In order to register as a consumer collection agency under the FCCPA, the debt collector must pay a registration fee and provide certain information to the state. See FLA . STAT . §559.555(1) and (2). The registration must be renewed annually. Id. §559.555(3)....

...registration held by the registrant, by any principal of the registrant, or by any business entity in which any principal of the registrant was the owner of 10 percent or more of such business, was the subject of any suspension or revocation. FLA . STAT . §559.555. 10 laws of any State with respect to debt collection practices, except to the extent that those laws are inconsistent with the FDCPA.11 See 15 U.S.C....

...the federal act. In the event of any inconsistency between any provision of this part and any provision of the federal act, the provision which is more protective of the consumer or debtor shall prevail. FLA . STAT . §559.552 (emphasis added)....

...debt was 11 §1692e(5). At least one federal district court has held that no state cause of action exists under §559.72(9) of the FCCPA for failure to comply with the registration requirement of §559.553....

...conduct and legal theory would undermine or circumvent the state’s consumer protection scheme. We disagree. The FCCPA unequivocally states its goal – to provide the consumer with the most protection possible under either the state or federal statute. See FLA . STAT . §559.552 (“In the event of any inconsistency ......

...provisions of both of the various states or the FDCPA. Finally, we attribute significant weight to Florida’s chosen means of enforcement. The Florida legislature’s determination that a debt collector’s failure to register under FLA . STAT . §559.555 and subsequent pursuit of unavailable....

...Order at 14.) 22 Upon remand, should this factual question be decided in favor of Unifund, the remaining §1692e(5) issues may become moot. 23 implicates the underlying Florida state statute allegedly violated by Unifund. See FLA . STAT . §559.553. The FCCPA requires consumer collection agencies to register as such in accordance with §559.555 before engaging in debt collection activity within the state. FLA . STAT . §559.553....

...in this state. For purposes of this subsection, a creditor has a business presence in this state if either the creditor or an affiliate or subsidiary of the creditor has an office in this state. FLA . STAT . §559.55(8)....

...Consistent with the definition, the FCCPA exempts from 24 registration “[a]ny out-of-state consumer debt collector who does not solicit consumer debt accounts for collection from credit grantors who have a business presence [within Florida].” See FLA . STAT . §559.553(4)(h) (emphasis added). Unifund’s business activities clearly involve “collecting or attempting to collect consumer debt” from debtors located within Florida by means of interstate communication originating from outside of the state....

...and owner of LeBlanc’s debt, is an affiliate of JP Morgan Chase. Under the statute, “a creditor has a business presence in this state if either the creditor or an affiliate or subsidiary of the creditor has an office in this state.” FLA . STAT . §559.55(8) (emphasis added)....

...ce in support of his claim that the credit card debt (balance or interest rate) was incorrect. After electing to forego any challenge concerning the amount of his debt obligation, LeBlanc relied instead on Unifund’s non-compliance with §559.553 as 29 Subsection 1692f(1) prohibits “[t]he collection of any amount (including any interest, fee, charge, or expense incidental to the principal obligation) unless such amount is expressly authorized by the agreement creating the debt...

...The term “unconscionable” means “having no conscience”; “unscrupulous”; “showing no regard for conscience”; “affronting the sense of justice, decency, or reasonableness.” BLACK’S LAW DICTIONARY 1526 (7th ed. 1999). Unifund suggests that failure to register under §559.555 of the FCCPA cannot sustain the cause of action since it does not constitute a “means” for purposes of LeBlanc’s §1692f claim....

...("FDCPA") by Assetcare, Inc. ("Assetcare"), Equifax Credit Information Services, Inc. ("Equifax"), and Does 1 through N. Count II, also brought against Assetcare, Equifax, and Does 1 through N, alleges violation of the Florida Consumer Collection Practices Act, Fla. Stat. §§ 559.55 to 559.785 ("FCCPA")....

...in the liability stage of the proceedings and need not be pled to state a prima facie case. See 1692k(a), (b)(2), and (c). B. Count II Count II of plaintiff's complaint alleges violations of the Florida Consumer Collection Practices Act, Fla. Stat. § 559.55 to 559.785 ("FCCPA") by Assetcare and Equifax....

...559.72(9), Florida Statutes, must be dismissed because Falcon does not fall within the statutory definition of a "debt collector." Falcon is in the business of repossessing vehicles; however, this does not place Falcon within the statutory definition of a "debt collector" stated in the Section 559.55(6), Florida Statutes, as follows: "Debt collector" means any person who uses any instrumentality of commerce within this state, whether initiated from within or outside the state, in any business the principal purpose of which is the c...

...Florida Consumer Collection Practices Act (Counts VIII and XIV) In Counts VIII and XIV, Plaintiffs Amended Complaint asserts that she is entitled to relief against Chase and Chase Home Finance respectively under the Florida Consumer Collection Practices Act ("FCCPA"), Fla. Stat. § 559.55 et seq....

...Accordingly, Count XV is dismissed with prejudice. J. Florida Consumer Collection Practices Act Against Citimortgage (Count XVI) In Count XVI, Plaintiff asserts that she is entitled to relief against Citimortgage under the Florida Consumer Collection Practices Act ("FCCPA"), Fla. Stat. § 559.55 et seq....

.... As a result, Plaintiffs filed this second federal action (“Second Action”) alleging three claims: violation of the federal Fair Credit Reporting Act (“FCRA”), violation of the Florida Consumer Collection Practices Act, Fla. Stat. § 559.55, et seq....

...a consumer claim when such person knows that the claim is not legitimate or some other legal right when such person knows that the right does not exist. The definition of a "consumer claim" is "ANY obligation for the payment of money...." Fla.Stat. § 559.55....

...[1] Plaintiff asserts claims against Defendants for unlawful debt collection practices under the federal Fair Debt Collection Practices Act (FDCPA), 15 U.S.C. §§ 1692, et seq., (Count I), and the Florida Consumer Collection Practices Act (FCCPA), Fla. Stat. §§ 559.55 et seq., (Count II), based on Defendants' efforts to collect on a time-barred debt....

...Phillips, 64 F.3d 607, 608 (11th Cir. 1995) (FDCPA claim accrues the day after a collection letter is mailed). Plaintiff instead maintains that Count I is premised on the filing of the state court action on April 5, 2006 and LWT's failure to register pursuant to Fla. Stat. § 559.553, both of which were within the statute of limitations....

...Although wrong, this was a good faith mistake in their interpretation of an unsettled question of law. Defendants' motion for summary judgment is therefore granted on Plaintiffs FDCPA claim to the extent it is premised on the filing of a time-barred action (Count I). c. Failing to register pursuant to Fla. Stat. § 559.553 Plaintiff also alleges in Count I that Defendants violated the FDCPA by attempting to collect a consumer debt when LWT had not registered with the Florida Office of Financial Regulation as required by state law. (Dkt.42, ¶ 14). [9] Defendants' only argument in response is that LWT, as assignee of the account, was not required to register. Section 559.553(1) provides: "no person shall engage in business in this state as a consumer collection agency or continue to do business in this state as a consumer collection agency without first registering in accordance with this part, and therea...

...ned as "any debt collector or business entity engaged in the business of soliciting consumer debts for collection or of collecting consumer debts, which debt collector or business is not expressly exempted as set forth in s. 559, 553(4)." Fla. Stat. § 559.55(7)....

...Defendants maintain that LWT is merely the owner of the debt, not the collector of the debt. Defendant argues that as the "real party in interest," it was not required to register. Assuming, without deciding, that an assignee of a stale debt, as the "real party in interest" is not subject to the registration requirements of § 559.553(1), Defendants' argument does not address an aspect of § 559.553(1) which may bring LWT within the reach of the registration requirement, notwithstanding its status as owner of the debt. The statute applies to any entity in the business "of soliciting, consumer debts for collection." Fla. Stat. § 559.55(7)....

...Defendants have not renewed this argument in the instant motion. [10] Plaintiff's reliance on the definition of a "debt collector" in 15 U.S.C. § 1692a(6) is inapposite for purposes of Defendants' argument, as Plaintiff's claim is premised on LWT's failure to register "as required by § 559.553(1), Fla....

...[11] "Consumer collection agency" means "any debt collector or business entity engaged in the business of soliciting consumer debts for collection or of collecting consumer debts, which debt collector or, business is not expressly exempted as set forth, in s. 559.553(4)." Fla. Stat. § 559.55(7).

...ce, or services which are the subject of the transaction are primarily for personal, family, or household purposes, whether or not such obligation has been reduced to judgment. 15 U.S.C. § 1692a(5) (emphasis added); Fla. Stat. § 559.55(1) (same). Accordingly, the FDCPA and FCCPA apply only to payment obligations of a (1) consumer arising out of a (2) transaction in which the money, property, insurance, or services at issue are (3) primarily for personal, family, or hou...

...d used primarily for personal, family, or household purposes.” PayPal User Agreement ¶ 15.aj. C. Florida Consumer Collection Practices Act The FCCPA definition of “debt” is identical to that found in the FDCPA. Compare Fla. Stat. § 559.55(1) with 15 U.S.C....

...Cook from a summary final judgment of foreclosure entered in favor of Blazer Financial Services, Inc., on July 18, 1975, and an order entered by the trial court on May 15, 1975, dismissing Cook's counterclaim for failure to state a cause of action under Sections 559.55(1), 559.72, and 559.77, Florida Statutes....

...dant." (Emphasis supplied) The trial court, in its order dismissing the counterclaim, ruled that Cook "has no cause of action assertible by Counterclaim against the plaintiff under the provisions of Part 5 `consumer collection practices' of Sections 559.55 et seq., Florida Statutes." Chapter 559, Florida Statutes, is entitled "Regulation of Trade, Commerce and Investments, Generally" and Part V is entitled "Consumer Collection Practices." Blazer contends that Part V relates only to consumer collection practices by a collection agency. The term "collection agency" is defined by § 559.55(4)(a) and in general terms means any person who attempts to collect or collects consumer claims owed or alleged to be owed to another person....

...It is my opinion that the trial judge was correct in finding that the defendant [appellant] has no cause of action assertible by Counterclaim against the plaintiff [appellee] under the provisions of Part 5 `Consumer Collection Practices' of Sections 559.55 et seq....

...ed to another person or entity. Appellee clearly is not a collection agency. To construe "person" as the majority has, in my opinion, is to judicially amend Part V of Chapter 559, Florida Statutes. NOTES [1] The definitions section of Chapter 559, F.S. 559.55, provides the following: "[559.55](4)(a) `Collection agency' means any person who, by himself, or through others, directly or indirectly, in whole or in part: "1....

...TPA. [2] Plaintiffs seek to certify two separate classes, one for the FCCPA claim and one for the FDUTPA claim. The proposed definition of the FCCPA class is: All individuals in the State of Florida who received a "communication," as defined in F.S. § 559.55(5), from MERS, its agents or its legal counsel within two (2) years of the filing of this lawsuit, which communication stated that MERS is a creditor on the individual's mortgage loan obligation. (Doc. 39-2, Amend.Comp., ¶ 20). The proposed definition of the FDUTPA class is: All individuals in the State of Florida who received a "communication," as that term is defined in F.S. § 559.55(5), from MERS, its agents and/or its legal counsel within four (4) years of the filing of this lawsuit, which communication stated that MERS is a creditor on the individual's mortgage loan obligation....

...(2) failing to register as a consumer collection agency; (3) failing to obtain a license for mortgage lending prior to performing mortgage lending services; (4) failing to register with the State of Florida as a debt collector pursuant to Fla. Stat. § 559.553; and (5) failing to pay the appropriate statutory registration fee required of consumer collection agencies under Fla. Stat. § 559.555....

...While the Court notes the FTC's apparent change in direction, whether one FTC opinion letter contradicts Vega is not the controlling inquiry here. The Court still finds, like many other federal courts have, that the filing of a foreclosure lawsuit is not a debt collection activity. [6] Fla. Stat. § 559.55(6) provides, "`Debt collector' means any person who uses any instrumentality of commerce within this state, whether initiated from within or outside this state, in any business the principal purpose of which is the collection of debts, or w...

...Complaint) provides: The Plaintiff MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., AS NOMINEE FOR GMAC MORTGAGE CORPORATION, is the creditor to whom the debt is owed by those individuals who are obligated under the promissory note and mortgage. [8] Section 559.55(3) of the FCCPA defines "creditor" as "any person who offers or extends credit creating a debt or to whom a debt is owed, but does not include any person to the extent that they receive an assignment or transfer of a debt in default so...

...Procedural Background This action commenced on July 24, 2000, with the filing of a "Class Action Complaint" against the defendant, Credit Management Control, Inc. ("CMC"). The complaint was filed pursuant to 15 U.S.C. § 1692, et seq., the Fair Debt Collection Practices Act ("FDCPA"), and Fla. Stat. § 559.55, et seq., the Florida Consumer Collection Practices Act ("FCCPA")....

...See Haves v. City of Miami, 52 F.3d 918, 921 (11th Cir.1995) (citations omitted). Facts The following facts are undisputed in this case: (1) Plaintiff, Robert Ferguson ("Ferguson"), is a "consumer" as defined in 15 U.S.C. § 1692a(3) and Fla. Stat. § 559.55(2)....

...The Act seeks in part to protect in-state consumers from the illegal and/or unscrupulous practices of debt collectors *812 and other persons. [1] Coastal Physician Svcs. of Broward County, Inc. v. Ortiz, 764 So.2d 7 (Fla. 4th DCA 1999)(on reh'g); § 559.72, Fla. Stat. (1999). Section 559.55(6), Florida Statutes (1999), one of the sections comprising the Act, defines "debt collector" as one who "attempts to collect ... debts owed or ... due another." The statute specifically excludes "[a]ny ... creditor ... collecting debts for such creditor," as well as "a debt which was not in default at the time it was obtained by such person ...." § 559.55(6)(a), (f), Fla. Stat. (1999). It further defines "creditor" as "any person who offers or extends credit creating a debt or to whom a debt is owed." § 559.55(3). By virtue of Schauer's allegations, GMAC is a creditor, as it extended him credit to buy the car. Because the allegations addressed GMAC's attempts to collect on this loan, GMAC cannot be considered a "debt collector" under sections 559.55(6)(a) and (f)....

...cate with third parties regarding the debt. Plaintiff claims that these messages are in violation of the federal Fair Debt Collection Practices Act (FDCPA), 15 U.S.C. § 1692c(b), and the Florida Consumer Collection Practices Act (FCCPA), Fla. Stat. § 559.55....

...weight shall be given to the interpretations of the Federal Trade Commission and the federal courts relating to the federal Fair *1340 Debt Collection Practices Act." However, that provision related only to the section on civil remedies, § 559.77. Section 559.552 gives the relationship between the FCCPA and FDCPA, where it states that the FCCPA gives additional consumer protections without limiting the FDCPA. Fla. Stat. § 559.552....

...As the state litigation process continued, the Agans, along with Sherry Ann Spies ("Spies"), filed a Class Action Complaint in federal court to recover damages pursuant to the Fair Debt Collection Practices Act (FDCPA), 15 U.S.C. § 1692 et seq., and the Florida Consumer Collection Practices Act (FCCPA), Fla. Stat. § 559.55 et seq....

...ive of Chapter 559, but is applicable to persons generally. Cook v. Blazer Financial Services, Inc., 332 So.2d 677 (Fla. 1st DCA 1976). The word creditor is defined as "any person to whom a consumer claim is owed, due, or alleged to be owed or due." Section 559.55(3). Moreover, a consumer claim as defined in Section 559.55(1) is "......

...lorida Consumer Collection Practices Act ("FCCPA"). These statutes prohibit, among other things, abusive, deceptive, and unfair practices in the collection of consumer debt. FDCPA is codified in 15 U.S.C. § 1692, and FCCPA is codified in Fla. Stat. § 559.55-559.785....

...While Gables may be subject to liability under Fla. Stat. § 559.72 for actions it took as a person or entity collecting consumer debts, Gables still does not meet the statutory definition of a debt collector under Florida law. The language of Fla. Stat. § 559.55(6)(f) defining a debt collector in Florida mirrors the language defining a debt collector in the FDCPA....

...The claim in Count III is based on the violation of the Florida Consumer Collection Practices Act (FCCPA). The Debtor contends that Asset has engaged in illegal debt collection practices pursuant to the obligation between the parties as defined in Fla. Stat. § 559.55(1)....

...Judge. JULIE CARNES, Circuit Judge: Plaintiff asserts claims under the federal Fair Debt Collection Practices Act (“FDCPA”), 15 U.S.C. § 1692 et seq., and the Florida Consumer Collection Practices Act (“Florida Act”), Florida Statute § 559.55 et seq., arising from an attempt by Defendants to collect on Plaintiff’s time-barred consumer debt....

...After receiving this collection letter, Plaintiff filed a putative class action complaint against Defendants asserting federal claims under the FDCPA, 15 U.S.C. § 1692 et seq., and its state corollary, the Florida Consumer Collection Practices Act, Florida Statute § 559.55 et seq....

...Background Oppenheim brought this action seeking redress for I.C. System, Inc.'s alleged violations of the Fair Debt Collection Practices Act ("FDCPA"), 15 U.S.C. § 1692 et seq., and the Florida Consumer Collection Practices Act ("FCCPA"), Fla. Stat. § 559.55, et seq....

...Defendant is therefore not entitled to summary judgment on Plaintiff's claim for unfair or harassing debt collection practices in violation of the FDCPA. 2. Florida Consumer Collection Practices Act The FCCPA defines "debt" in the same manner as the FDCPA. See Fla. Stat. § 559.55(1)....

...y Morgan and Committe. Because Morgan's debt to the firm is an "obligation of a consumer to pay money arising out of a transaction in which the . . . services which are the subject of the transaction are primarily for personal . . . purposes . . .," section 559.55(1), Florida Statutes (2009), her debt constitutes a "consumer debt" under the FCCPA....

...ebt within the purview of the FCCPA since the debt did not flow from an extension of credit. They are incorrect. The FCCPA precludes certain conduct "[i]n collecting consumer debts...." § 559.72, Fla. Stat. (2009). [1] The term "debt" is defined in section 559.55(1) as follows: (1) "Debt" or "consumer debt" means any obligation or alleged obligation of a consumer to pay money arising out of a transaction in which the money, property, insurance, or services which are the subject of the transacti...

...y upon St. Pierre v. Winn Dixie Stores, Inc., 592 So.2d 1252, 1253 (Fla. 4th DCA 1992), which explained that "[c]learly, by its unambiguous *182 terms, the Act applies only to the collection of consumer claims and requires the extension of credit. §§ 559.55(1), 559.72, Fla. Stat. (1981)." St. Pierre, however, was construing the 1981 version of the statute, a version significantly different from the 2009 version under which Morgan sought relief. Under the 1981 version of section 559.55, only three terms are defined: (1) "claims or consumer claim," (2) "debtor or consumer," and (3) "creditor." The term "claim or consumer claim" was defined as follows: (1) "Claim" or "consumer claim" means any obligation for the paymen...

...eplaced, a debt is "any obligation ... of a consumer to pay money arising out of a transaction in which the money, property, insurance or services which are the subject of the transaction are primarily for personal, family or household purposes...." § 559.55(1), Fla....

...Schauer does not demand affirmance or otherwise support the argument that the FCCPA only applies when there has been an extension of credit. The Schauer court noted that a creditor for purposes of the Act is "any person who offers or extends credit creating a debt or to whom a debt is owed." Id. at 812 (quoting § 559.55(3)) (emphasis added)....

...Here, the trial court erred as a matter of law in entering the order dismissing the counterclaim. Morgan incurred an obligation in connection to a transaction with Arnold and Wilkins, P.A., for the provision of legal services. Morgan's obligation to the law firm falls within the definition of debt in section 559.55(1)....

...REVERSED and REMANDED for further proceedings consistent with this opinion. WETHERELL and ROWE, JJ., concur. NOTES [1] A different portion of chapter 559, sections 559.541-559.548, governs "commercial"—as opposed to "personal, family, or household"—collection practices. [2] Section 559.55(6) defines as "debt collector" as any person who uses any instrumentality of commerce within this state, whether initiated from within or outside this state, in any business the principal purpose of which is the collection of debts, or...

...Plaintiff subsequently amended his complaint two times [DE-15, 22]. In the second amended complaint ("Complaint") Plaintiff asserts five counts for violation of the Fair Debt Collection Practices Act, 15 U.S.C. § 1692 ("FDCPA"), the Florida Consumer Collection Practices Act, Fla. Stat. § 559.55-559.785 ("FCCPA"), the Telephone Consumer Protection Act, 47 U.S.C....

...s to respond within 30 days to a communication from the person, unless the debtor's attorney consents to a direct communication with the debtor, or unless the debtor initiates the communication, Fla. Stat. § 559.72(7), (9) and (18). Florida Statute § 559.55(6) defines the term "debt collector" as "any person who uses any instrumentality of commerce within this state, whether initiated from within or outside this state, in any business the principal purpose of which is the collection of debts, or who regularly collects or attempts to collect, directly or indirectly, debts owed or due or asserted to be owed or due another." Courts have concluded that the language of Fla. Stat. § 559.55(6)(f) identifying those who are excluded from the definition of a debt collector in Florida mirrors the language defining a debt collector in the FDCPA....

...h was originated by such person; concerns a debt which was not in default at the time it was obtained by such person; or concerns a debt obtained by such person as a secured party in a commercial credit transaction involving the creditor. Fla. Stat. § 559.55(6)(f)....

...June 11, 1976. *66 H. Jay Stevens, Orlando, for appellant. Byron R. Carter, Orlando, for appellee. DOWNEY, Judge. Appellant sued appellee in the circuit court in a three count complaint. Count I alleged that appellee violated Part V of Chapter 559 F.S. 1975 (§§ 559.55-559.75) in the collection of a consumer claim....

...WHEREFORE Plaintiff demands judgment against the Defendant in the amount of $500.00, plus costs, interest, and attorneys fees." Appellant asserts that § 559.72(9) F.S. permits her to maintain an action against anyone attempting to collect a consumer claim unlawfully. Appellee on the other hand contends that §§ 559.55-559.78 F.S. apply only to a "collection agency" as that term is defined in § 559.55. True it is that the greatest portion of §§ 559.55-559.78 deals with collection agencies and their regulation and control by the Division of General Regulation of the Department of Business Regulation....

...Claim, attempt, or threaten to enforce a consumer claim when such person knows that the claim is not legitimate or some other legal right when such person knows that the right does not exist;". [2] Chapter 72-81, Laws of Florida 1972 (codified as §§ 559.55-559.78, F.S.) bears the following title: "AN ACT relating to the regulation of consumer collection practices; providing definitions; providing for licensing, fees, and bonding of collection agencies; providing standards governing the issuan...

...The main issue presented in this appeal is whether a fine imposed by a homeowners’ association (“HOA”) for violating the HOA’s governing documents is a debt for purposes of the Florida Consumer Collection Practices Act (“FCCPA”), Fla. Stat. § 559.55 et seq....

...arising out of a transaction in which the money, property, insurance, or services which are the subject of the transaction are primarily for personal, family, or household purposes, whether or not such obligation has been reduced to judgment.” Fla. Stat. § 559.55(6); accord 15 U.S.C....

...Fernandez are not ‘consumers’ vis-à-vis Affinity or Marbella.” But this argument simply duplicates the defendants’ argument that the fine is not a “debt” under the FCCPA, as “debt” and “consumer debt” have the same statutory definition. Fla. Stat. § 559.55(6). Moreover, “consumer” is separately defined as “any natural person obligated or allegedly obligated to pay any debt.” Fla. Stat. § 559.55(8)....

...nts to a direct communication with the debtor, or unless the debtor initiates the communication. The FCCPA defines "communication" as "the conveying of information regarding a debt directly or indirectly to any person through any medium." Fla. Stat. § 559.55(5)....

...The FDCPA has been described as "extraordinarily broad," and the protections provided by the FCCPA are "in addition to the requirements and regulations of the federal act." LeBlanc v. Unifund CCR Partners, 601 F.3d 1185, 1191 (11th Cir.2010) (quoting Fla. Stat. § 559.552)....

...Servs., II, Inc., 463 F.Supp.2d 1370, 1374 (N.D.Ga.2006). The Plaintiff has failed to create an issue of *1308 material fact regarding whether the letter was sent. 2 d. The FCCPA Claims The FCCPA defines “debt” in the same manner as the FDCPA. Fla. Stat. § '559.55(1); see also Oppenheim, 627 F.3d at 836-37 ....

...tative, filed a motion to certify a class that consisted of "all persons from whom the defendants have filed foreclosure actions and claimed, attempted or threatened to collect costs in the collection of a `consumer debt,' as that term is defined in § 559.55(1) Florida Statutes, which were in excess of the amount allowed or authorized by law" for the four years prior to the filing of the initial complaint through the present....

...) Defendant State Street Bank “breached the terms of its contract (note and mortgage) by imposing payoff fees.” (5) The debts owed by Plaintiffs and the classes defined for purposes of this Count are “consumer debts” as defined by Fla.Stats. § 559.55(1)....

...Count II: Violation of Florida Consumer Collection Practices Act and Federal Fair Debt Collection Practices In Count II, Foxx alleges that Defendants violated the Fair Debt Collection *1114 Practices Act (“FDCPA”), 15 U.S.C. §§ 1692 et seq., and the Florida Consumer Collection Practices Act (“FCCPA”), Fla. Stat. §§ 559.55 et seq....

...Florida Consumer Collection Practices Act Claim The elements necessary to plead a claim under the FCCPA are similar but distinguishable from the elements of establishing a claim under the FDCPA. The first prong is substantially identical to the FDCPA, as the FCCPA only applies to consumer debt. Fla. Stat. § 559.55 (1)....

...On January 21, 2005, Plaintiff filed a class action against Defendant alleging that Defendant was mailing unlawful debt collection letters to Plaintiff in violation of the FDCPA, the Florida Consumer Collection Practices Act ("FDCPA"), codified at Fla. Stat. § 559.55 et seq., and the Florida Deceptive and Unfair Trade Practices Act ("FDUTPA"), codified at Fla....

...§ 1692e(11) and that the correspondences "failed to provide information of Plaintiffs right to dispute the debt in violation of 15 U.S.C. § 1692(g)(1)(3)-(5)." Complaint ¶¶ 22, 23. Count III alleges that Defendants "failed to properly register to collect debts in the State of Florida" as required by sections 559.553 and 559.555 of the Florida Statutes [2] and, by attempting to collect the debt, threatened to take action that could not legally be taken....

...f Florida without first obtaining a license. . . ." Complaint ¶¶ 40, 42. Defendants move to dismiss Count IV, arguing that they are governed by neither the FDCPA nor the FCCPA as they are not debt collectors engaging in debt collection activities. Section 559.553 of the Florida Statutes prohibits a person from "engag[ing] in business in [Florida] as a consumer collection agency or [from] continuing] to do business in [Florida] as a consumer collection agency without first registering in accordance with [Title 33, Chapter 559, Part IV of the Florida Statutes.]" FLA. STAT. § 559.553. A consumer collection agency is defined as "any debt collector or business engaged in the business of soliciting consumer debts for collection or of collecting consumer debts." Id. § 559.55(7). Under the FCCPA, the definition of a "debt collector" under the FCCPA mirrors that of the FDCPA. Reynolds, 428 F.Supp.2d 1260, 1265. Compare, FLA. STAT. § 559.55(6)(f) (2006), *1364 with 15 U.S.C....

...Because Plaintiff has adequately alleged that Defendants are debt collectors under the FDCPA, Plaintiff has also adequately alleged that Defendants are debt collectors under the FCCPA. Thus, Plaintiff has adequately alleged that by failing to register to collect debts, it has violated Section 559.553 of the Florida Statutes....

...Conclusion For the foregoing reasons, it is ORDERED AND ADJUDGED that Defendants' Motion to Dismiss Complaint or Alternatively Motion to Strike is hereby DENIED. NOTES [1] Defendants did not file a reply and the time for filing a reply has passed. [2] Sections 559.553 and 559.555 of the Florida Statutes govern the practices of "debt collectors." The definition of a "debt collector" under the FCCPA mirrors that of the FDCPA. Reynolds, 428 F.Supp.2d 1260, 1265. Compare, FLA. STAT. § 559.55(6)(f) (2006), with 15 U.S.C....

...billing notices. The petitioner claims that since non-Florida residents cannot make claims under either the Deceptive and Unfair Trade Practices Act, sections 501.201-.213, Florida Statutes (1997), or the Consumer Collection Practices Act, sections 559.55-.785, Florida Statutes (1997), discovery should not be allowed regarding out-of-state billings. Having reviewed the statutory provisions, we conclude that these acts are for the protection of in-state consumers from either in-state or out-of-state debt collectors. See, e.g., § 501.202(3); § 559.55(6)....

...ees and related charges, leaving phone usage charges of $134.51 outstanding. Id. On December 26, 2012, Plaintiff filed this lawsuit alleging Defendant has violated provisions of the Florida Consumer Collection Practices Act (“FCCPA”), Fla. Stat. § 559.55 et seq., and the Telephone Consumer Protection Act (“TCPA”), 47 U.S.C....

...Florida Consumer Collection Practices Act, Fla. Stat. § 559.541. et seq., the Plaintiff asserts that the Defendant is a debt collector and that the original state court cause of action arises out of a debt or consumer debt as defined by Fla. Stat. § 559.55(1)....

...or alleged obligation of a consumer to pay money arising out of a transaction in which the money, property, *1326 insurance, or services which are the subject of the transaction are primarily for personal, family, or household purposes." Fla. Stat. § 559.55(1)....

...C. § 1692g(a), either in the initial communication with Plaintiffs, or in writing within 5 days thereafter” (Count IV). Plaintiffs also seek relief against Bayview under the Florida Consumer Collection Practices Act (“FCCPA”), Florida Statute section 559.55 et seq., on the ground Bayview violated Florida Statute section 559.72(9) by “knowingly claiming, attempting, or threatening to enforce a debt when the debt is not legitimate, or asserting the existence of some other legal right when the right does not exist.” (Count V)....

...BEFORE THE COURT is Defendant LVNV Funding, LLC’s Motion to Dismiss Plaintiffs Complaint (Dkt. 9), and Plaintiffs response (Dkt. 10). Upon consideration, the motion is GRANTED. Background Plaintiff brought this action alleging violations of the Florida Consumer Collection Practices Act (“FCCPA”), Fla. Stat. § 559.55 et seq., and the Fair Credit Reporting Act (“FCRA”), 15 U.S.C....

...be awarded under the FCCPA provision that states, “In the event of any inconsistency between any provision of this part and any provision of the [FDCPA], the provision which is more protective of the consumer or debtor shall prevail.” Fla. Stat. § 559.552 (2014)....

...Yet, Bayview allegedly continued to send Le-ahy-Fernandez billing statements. (Id. at ¶ 49). On December 8, 2015, Leahy-Fernandez filed the instant Complaint. (Doc. # 1). The Complaint brings three counts: violation of the Florida Consumer Collections Practices Act, Section 559.55 et seq., Florida Statutes (FCCPA) (Count I); violation of the Fair Debt Collection Practices Act, 15 U.S.C....

...is action against the Defendants, Ronald R. Torres, Esquire, and Park Finance of Broward, Inc. (Park Finance), for violations of the Fair Debt Collection Practices Act, 15 U.S.C. § 1692, and the Florida Consumer Collection Practices Act, Fla. Stat. § 559.55, which prohibit debt collectors from engaging in abusive, deceptive, and unfair practices in the course of collecting debts from consumers....

...DONE and ORDERED. NOTES [1] The Plaintiffs allege that the Defendants' conduct violates 15 U.S.C. § 1692e(10), (5), and 15 U.S.C. § 1692i. [2] The Plaintiffs allege that the Defendants' conduct violates Fla. Stat. § 559.72(7), (9) and Fla. Stat. § 559.552....

...but the Britton case is not relevant because it involves the liability of an attorney acting on behalf of a creditor, where as this motion to dismiss involves a creditor's liability under the Fair Debt Collections Practices Act. [16] See Fla. Stat. § 559.55(3), (6); 15 U.S.C....

...Act, 47 U.S.C. § 227 et seq. (“TCPA”). Defendant’s Motion seeks Summary Judgment with respect to liability for all calls alleged by Plaintiff under the TCPA as well as her claim under the Florida Consumer Collection Practices Act, Fla. Stat. § 559.55 et seq....

...Finally, even if there is a disputed issue of material fact as to Defendant’s liability under the FCCPA, Defendant seeks summary judgment as to Plaintiffs claim for actual damages due to psychological problems allegedly caused by the calls. 1. Standing as a Debtor A “debtor” under Florida Statute § 559.55(2) is “any natural person obligated or allegedly obligated to pay any debt.” Plaintiff is not actually obligated to pay any debt to Defendant; Plaintiff was never even a customer of Defendant....

...45) and the parties' cross-motions for summary judgment (Dkts. 14, 40, 41). Plaintiff alleges that Defendants violated the federal Fair Debt Collection Practices Act ("FDCPA"), 15 U.S.C. §§ 1692 et seq., and the Florida Consumer Collection Practices Act ("FCCPA"), Fla. Stat. §§ 559.55 et seq., by demanding immediate payment on a debt while she was in bankruptcy, after the debt's discharge, and while she was represented by an attorney with respect to the debt....

...Plaintiff alleges that Defendants are liable for Plaintiffs actual and statutory damages resulting from violations of the Fair Debt Collection Practices Act, 15 U.S.C. § 1692 et seq. ("FDCPA"), and the Florida Consumer Collection Practices Act, Fla. Stat. § 559.55 et seq....

...Motors Acceptance Corp., 819 So.2d 809, 811-12 (Fla. 4th DCA 2002). St. Joseph's admits that it is a "person" within the meaning of the FCCPA. (Dkt. 40 at 2). Moreover, the parties agree (Dkt. 59 ¶¶ H2-3) that Plaintiff is a consumer or debtor within the meaning of the FCCPA, see Fla. Stat. § 559.55(2), and that the relevant debt was a consumer debt within the meaning Fla. Stat. § 559.55(1)....

...§ 636(b). [2] Further, there is a genuine issue of material fact as to whether MFP's alleged violation of section 1692c(a)(2) resulted from a bona fide error. [3] The definition of a "debt collector" under the FCCPA mirrors that of the FDCPA. Fla. Stat. § 559.55(6).

...Wilkins, 74 So. 3d 179, 181 (Fla. 1st DCA 2011). These legal duties arise upon a debt collector's communication to collect debt and do not require a contract. Cf. Desmond v. Accounts Receivable Mgmt., Inc., 72 So. 3d 179, 181 (Fla. 2d 6Section 559.55(6) defines "debt collector" as any person who uses any instrumentality of commerce within this state, whether initiated from within or outside this state, in any business the principal purpo...

...- 11 - DCA 2011) (holding that FCCPA applied where ARM attempted to collect debt from the wrong person because FCCPA applies to "not only an actual debtor, but also 'any natural person . . . allegedly obligated to pay any debt.' " (quoting § 559.55(2))); McCaskill v....

...y. Id. Discussion Arianas brings two claims against LVNV. 2 One claim is based on the Fan-Credit Reporting Act (“FCRA”), 15 U.S.C. § 1681 et seq., and the other is based on the Florida Consumer Collection Practices Act (“FCCPA”), Fla. Stat. § 559.55 et seq....

...Plaintiff Lonny Lear (hereinafter "Plaintiff") initiated the above-styled cause with the filing of his Complaint (DE 1). In Counts I and III of said Complaint, Plaintiff alleges that Defendant Select Portfolio Servicing, Inc. (hereinafter "Defendant"), violated the Florida Consumer Collection Practices Act, Fla. Stat. § 559.55 et seq....

...Federal Fair Debt Collection Practices Act and Florida Consumer Collection Practices Act Counterclaim plaintiffs have also filed claims pursuant to the Federal Fair Debt Collection Practices Act, 15 U.S.C. § 1692, et seq ("FDCPA") and the Florida Consumer Collection Practices Act, § 559.55-559.785, Florida Statutes (2003) ("FCCPA")....

...of the *1309 Fair Debt Collection Practices Act, 15 U.S.C. § 1692 et seq. ("FDCPA"); 2) a violation of the Telephone Consumer Protection Act, 47 U.S.C. § 227 et seq.; and 3) a violation of the Florida Consumer Collection Practices Act, Fla. Stat. § 559.55 et seq....

...(See Defi’s SMF ¶ 18; PL’s SMF ¶ 18; Def.’s Reply to PL’s SMF ¶ 22). On August 4, 2012, Collins initiated the present action by filing a Class Action Complaint for Damages (“Complaint”) [ECF No. 1]. Count I alleges Erin Capital failed to obtain a debt collection license as required by Florida Statute section 559.553, and in violation of 15 U.S.C....

...The claims in both counts I and II, as addressed in the preceding discussion, seek relief for violations of the FDCPA. Specifically, the Amended Complaint asserts Erin Capital violated the FDCPA by failing to obtain the necessary debt collection license as required by Florida Statute section 559.553, and in violation of Section 1692e....

...requirement in the FCCPA directly regulates or discriminates against interstate commerce, or has the effect of favoring in-state economic interests. Indeed, a plain reading of the registration requirement indicates it broadly applies. See Fla. Stat. § 559.553 (1) (“[N]o person shall engage in business in this state as a consumer collection agency or continue to do business in this state as a consumer collection agency without first registering in accordance with this part, and thereafter maintaining a valid registration.” (emphasis added)); cf....

...Erin Capital lastly argues the FDCPA does not apply as Collins failed to present any evidence that the underlying debt was consumer in nature. (See id. 18-19). Collins responds that Erin Capital is a business entity engaged in the collection of consumer debts within the meaning of Florida Statute section 559.553....

...Collins additionally submits he has provided sufficient evidence to demonstrate the underlying debt is a consumer debt within the coverage of the FDCPA. (See id. 18-19). The Court addresses each argument in sequence. a. The FCCPA’s Registration Requirement The FCCPA, and specifically Florida Statute section 559.553 provides: (1) After January 1, 1994, no person shall engage in business in this state as a consumer collection agency or continue to do business in this state as a consumer collection agency without first registering in accordance with this part, and thereafter maintaining a valid registration. (2) Each consumer collection agency doing business in this state shall register with the office and renew such registration annually as set forth in [section] 559.555. Fla. Stat. § 559.553 (1) — (2)....

...“Consumer collection agency” is defined as “any debt collector or business entity engaged in the business of soliciting consumer debts for collection or of collecting consumer debts, which debt collector or business is not expressly exempted as set forth in [section] 559.553(4).” Id. § 559.55(7). Section 559.553(4) provides an exemption for “[a]ny out-of-state consumer debt collector who does not solicit consumer debt accounts for collection from credit grantors who have a business presence in this state.” Id. § 559.553(4)(h)....

...ection from creditors who have a business presence in this state. For purposes of this subsection, a creditor has a business presence in this state if either the creditor or an affiliate or subsidiary of the creditor has an office in this state. Id. § 559.55(8)....

...Erin Capital is a debt collector or business entity engaged in the business of soliciting consumer debts for collection or of collecting consumer debts. As such, Erin Capital is required to register with the state in accordance with Florida Statute section 559.553(l)-(2). Although it is possible that Erin Capital might qualify for the out-of-state debt collector exemption outlined in section 559.553(4)(h), there is no evidence in the record as to whether Erin Capital qualifies for the exemption....

...Erin Capital neglects to realize that a failure to meet the definition of “out-of-state debt collector” merely renders it ineligible for one of the narrow exemptions to the *1211 requirement to register, but this does not avert the much broader registration requirement under section 559.553(1) — (2) which applies to every consumer collection agency (irrespective of any in-state or out-of-state distinction)....

...In LeBlanc , the court considered whether the defendant in that case was required to register under the FCCPA. The court began its analysis by broadly declaring, “[t]he FCCPA requires consumer collection agencies to register as such in accordance with [section] 559.555 before engaging in debt collection activity within the state.” Id. at 1197 (citing Fla. Stat. § 559.553 )....

...m registration ‘any out-of-state consumer debt collector who does not solicit consumer debt accounts for collection from credit grantors who have a business presence within Florida.’ ” Id. (alterations and emphasis omitted) (quoting Fla. Stat. § 559.553 (4)(h))....

...nd notice to Class Plaintiffs. (See Antonetti Aff. ¶ 1). . Rooker v. Fid. Trust Co., 263 U.S. 413 , 44 S.Ct. 149 , 68 L.Ed. 362 (1923); Dist. of Columbia Ct. of Appeals v. Feldman, 460 U.S. 462 , 103 S.Ct. 1303 , 75 L.Ed.2d 206 (1983). . Fla. Stat. § 559.55 et seq....

...The Court, having considered the motion, response, and being otherwise advised of the premises, concludes that the motion should be denied. DISCUSSION Plaintiff Yancy Harrier brings this action against Defendant Verizon Wireless Personal Communications LP (“Verizon”) under Fla. Stat. § 559.55 et seq., the Florida Consumer Collection Practices Act (“FCCPA”), and 47 U.S.C....

...de novo review.” Brown v. City of Vero Beach, 64 So.3d 172, 174 (Fla. 4th DCA 2011) (citation omitted). A state statute and a federal statute govern consumer collection practices in Florida, to wit: the Florida Consumer Collection Practices Act, §§ 559.55-559.785 (“the FCCPA”), and the Fair Debt Collection Practices Act, 15 U.S.C....

...s made, but at least 30 days before any action to collect the debt. The assignee is a real party in interest and may bring an action to collect a debt that has been assigned to the assignee and is in default. § 559.715, Fla. Stat. (emphasis added). Section 559.55(1), Florida Statutes (2012), defines “debt” or “consumer debt” as “any obligation or alleged obligation of a consumer to pay money arising out of a transaction in which the money, property, insurance, or services which are th...

...secured by the real property is an “obligation ... of a consumer to pay money arising out of a transaction in which the money, property ... which aré the subject of the transaction are primarily for personal, family, or household purposes.” See § 559.55(1), Fla....

...trative enforcement. See §§ 559.725, .726, .727, .730, .77, .78, .785. For example, a person who violates any provision of the FCCPA is subject to a cease and desist order. § 559.727. Further, persons registered or required to be registered under section 559.553 are subject to disciplinary action for failure to comply with any provision of the FCCPA....

...ringing a mortgage foreclosure suit. We reverse and remand for the trial court to reinstate the final judgment of foreclosure. Reversed and remanded for reinstatement of final judgment. LEVINE and FORST, JJ., concur. . This definition now appears in section 559.55(6), Florida Statutes (2016)....

...In response, Plaintiff filed her Second Amended Complaint (the "Complaint") alleging debt collection practices in violation of the Fair Debt Collection Practices Act, 15 U.S.C. § 1692 ("FDCPA") and the Florida Consumer Collection Practices Act, Fla. Stat. § 559.55 ("FCCPA")....

...o collect the outstanding debt. . Adv. Doc. No. 52 at 33:22-34:2. . Id. at 34:8-15. . Id. at 35:4-16. . Id. at 63:3-8. . Id. at 63:6-10. . Id. at 35:25-36:2. . Id. at 52 at 102:2-8; 102:23-103:1. . Id. at 104:18-105:1, 106:21^-107:5. . Doc. No. 1. . § 559.55, Fla....

...The parties have consented to the Court’s entry of a final judgment in this proceeding for purposes of 28 U.S.C. § 157 (c)(2). . LeBlanc v. Unifund CCR Partners, 601 F.3d 1185, 1190 (11th Cir.2010). Green Tree, as a "debt collector,” is regulated under the FCCPA. § 559.55(7), Fla. Stat. The Runyans' home loan is protected as a “consumer debt.” § 559.55(6), Fla....

...Scola, Jr., United States District Judge Plaintiff Ruby Valle brings this suit against First National Collection Bureau, Inc. (“FNCB”) for alleged violations of the Fair Debt Collection Practices- Act, 15 U.S.C. § 1692 et seq., (“FDCPA”) and the Florida Consumer Collection Practices Act, Fla.. Stat. § 559.55 et seq., (“FCCPA”)....

...However, the Court notes that this decision pre-dates the state court decisions holding that the § 559.715 does not create a condition precedent. The Plaintiff also cites to LeBlanc v. Unifund CCR Partners, 601 F.3d 1185 (11th Cir. 2010). In LeBlanc , the Eleventh Circuit held that Florida Statute § 559.553, which requires consumer collection agencies to register with the state and also does not create a private right of action, could nevertheless constitute a violation of the FDCPA....

or allegedly obligated to pay ' any debt.” Id, § 559.55(8). Courts have interpreted this language to mean

...ugh March 2013.” (Compl. ¶ 26.) Plaintiff alleges three causes of action against Defendant: violations of the Telephone Consumer Protection Act, 47 U.S.C. § 227 (“TCPA”) (Count I) and the Florida Consumer Collection Practices Act, Fla. Stat. § 559.55 et seq....

...B. Violation of the FCCPA Defendant asserts that the FCCPA claim should be dismissed because Plaintiff admits that she was not a debtor and failed to allege that Defendant was at *1341 tempting to collect a debt. A “debtor” under Florida Statute § 559.55(2) is “any natural person obligated or allegedly obligated to pay any debt.” Plaintiff is not actually obligated to pay any debt to Defendant, but Plaintiff asserts that she was “allegedly obligated” to pay a debt under the statute...

...out of a transaction in which the money, property, insurance, or services which are the subject of the transaction are primarily for personal, family, or household purposes, whether or not such obligation has been reduced to judgment.” Fla. Stat. § 559.55 (1)....

...obligation or alleged obligation (2) of a consumer to pay money (3) arising out of a transaction (4) in which the property or services which are the subject of the transaction are primarily for personal, family, or household purposes. See Fla. Stat. § 559.55 (1); see also Oppenheim v....

...In his three-count Amended Complaint, Plaintiff alleges that Defendants attempted to collect rent in violation of the Fair Debt Collection Practices Act, 15 U.S.C. § 1692 et seq. ("the FDCPA") (Count I) and the Florida Consumer Collection Practices Act, §§ 559.55-559.785, Florida Statutes (2010) ("FCCPA") (Count II) and abused process (Count III)....

..."First-Bank") and Thompson Berges, P.A. and Otto E. Berges, Esq. (collectively "Law Firm") violated the Fair Debt Collections Practices Act ("FDCPA"), 15 U.S.C. § 1692 et seq. and the Florida Consumer Collections Practices Act ("FCCPA"), Fla. Stat. § 559.55 et seq., when they attempted to collect rent from him after FirstBank foreclosed upon the Apartment....

...Apartment that allows him to state a claim under § 1692f(6). Accordingly, it is hereby ORDERED AND ADJUDGED that Plaintiffs Motion (D.E. 46) is DENIED. DONE AND ORDERED in Chambers at Miami, Florida, this 20th day of April, 2011. NOTES [1] Sections 559.553 and 559.555 of the Florida Statutes govern the practices of "debt collectors." The definition of a "debt collector" under the FCCPA mirrors that of FDCPA. Reynolds v. Gables Residential Services, Inc., 428 F.Supp.2d 1260, 1265 (M.D.Fla.2006) Compare, Fla. Stat. § 559.55(6)(f) (2006), with 15 U.S.C....

...The undersigned has conducted a de novo review of the record and fully concurs with Judge Turnoff's recommendations. This case alleged violations of the federal Fair Debt Collection Practices Act ("FDCPA"), 15 U.S.C. § 1692k, and the Florida Consumer Collection Practices Act ("FCCPA"), Fla. Stat. § 559.55....

...Plaintiff argues that because Judge Turnoff found Plaintiff could not be held personally liable for fees under the FDCPA, [1] the FCCPA prevents the imposition of fees against her regardless of whether the case failed to raise a justiciable issue. See Fla. Stat. § 559.552. Section 559.552 provides, "[i]n the event of any inconsistency between any provision of this part and any provision of the federal act, the provision which is more protective of the consumer or debtor shall prevail." Plaintiff contends that, as the m...

...umer, the FDCPA standard should prevail, and she should not be held liable under the FCCPA because she cannot be held liable under the FDCPA. Plaintiff has not provided authority to support this proposition, and the undersigned is not persuaded that Section 559.552 of the FCCPA prohibits an award of attorney's fees where those fees are not proper under the FDCPA....

...Background This action was filed by Plaintiff Teresa L. Conner against Defendant BCC Financial Management Services, Inc. on September 12, 2006. See [D.E. 1]. Plaintiff claimed, inter alia, violation of 15 U.S.C. § 1692k of the Fair Debt Collection Practices Act (FDCPA), and Fla. Stat. § 559.55, the Florida Consumer Protection and Practices Act....

...In other words, counsel presented no opposition as to the merits of Defendant's motion. The court ultimately found the motion to be in compliance, and granted Defendant's Motion for Summary Judgment, finding that there was no private right of action for violations of Fla. Stat. § 559.553....

...does not benefit counsel in this instance. Upon review of related and relevant case law, Judge Altonaga determined that Plaintiff's argument in that regard was not persuasive. See 489 F.Supp.2d 1358. Specifically, the Court's Order states, [b]ecause 559.553 requires registration, Connor presumably reasons, BCC's sending of the collection letter while not in compliance with that statute constituted, to track the language of Section 559.72(9), the assertion of the existence of a legal right—the right to collect a debt—when BCC knew the right did not exist. This argument does not persuade. * * * Had the Florida legislature intended to enact a private right of action for violations of Fla. Stat. 559.553, it could have done so, either by explicitly including language authorizing a private cause of action in the statute itself, or by referencing Section 559.553 in Fla....

...Yet, when the time came to support the claim— by responding to the summary judgment motion—Plaintiff declined to do so. Again, in granting partial summary judgment, the Court noted, "[h]ad the Florida legislature intended to enact a private right of action for violations of Fla. Stat. § 559.553, it could have done so, either by explicitly including language authorizing a private right of action in the statute itself, or by referencing Section § 559.553 in Fla....

...Court of the Fifteenth Judicial Circuit in and for Palm Beach County, Florida, asserting claims for violation of the Fair Debt Collection Practices Act, 15 U.S.C. § 1692, et seq. ("FDCPA"), the Florida Consumer Collection Practices Act, Fla. Stat. § 559.55, et seq....

...o collect on the debt. (Am. Compl. ¶¶ 37, 40, 43). As a result of Defendant’s alleged attempts to collect on the debt, Plaintiffs brought this lawsuit alleging violations of the Florida Consumer Collection Practices Act (“FCCPA”), Fla. Stat. § 559.55 et seq., and the Telephone Consumer Protection Act (“TCPA”), 47 U.S.C....

...tection against creditors, and include nearly identical definitions of “communication,” “debt,” and “debt collector.” LeBlanc v. Unifund CCR Partners, 601 F.3d 1185, 1191-91 (11th Cir.2010); 15 U.S.C. §§ 1692a(2), (5)-(6); Fla. Stat. §§ 559.55 (2), (6)-(7)....

...“in any business the principal purpose of which is the collection of any debts, or who regularly collects or attempts to collect, directly or indirectly, debts owed or due or asserted to be owed or due another.” 15 U.S.C. § 1692a(6); Fla. Stat. § 559.55 (7); Harris, 702 F.3d at 1302 ....

...g out of a transaction in which the money, property, insurance, or services which are the subject of the transaction are primarily for personal, family, or household purposes, whether or not such obligation has been reduced to judgment.” Fla Stat. § 559.55(6)....

...In short, Kinlock failed to plead facts sufficient to sustain an FDCPA claim. Reese, 678 F.3d at 1215 . As to his FCCPA claim, the amended complaint fails to allege facts showing that Wells Fargo was collecting a consumer debt, as defined in the FCCPA. See Fla. Stat. §§ 559.55 , 559.72....

...On January 28, 2014, ECMC sent yet another letter attempting to collect on the debt. Id. ¶ 32. Plaintiff brought the instant action in response, alleging that ECMC, Performant, and Pioneer’s actions violated the Florida Consumer Collection Practices Act, Fla. Stat. § 559.55 et seq....

...“Creditor” Exception to the FCCPA The Court will first resolve ECMC’s contention that Plaintiffs FCCPA claim must fail because Fla. Stat. § 559.72 applies only to debt collectors, but Plaintiff has alleged that ECMC is a “creditor” as defined by Fla. Stat. § 559.55 (5), see Doc....

...g to make. See Doc. 27 at 4 (citing Freeman v. Great Lakes Educational Loan Servs., Case No. 12-cv-331, 2013 WL 2355541 , at *7 (N.D.Fla. May 28, 2013); Eke v. FirstBank Florida, 779 F.Supp.2d 1354 , 1357 n. 1 (S.D.Fla.2011) (noting that “Sections 559.553 and 559.555 of the Florida Statutes govern the practices of ‘debt collectors.’ ”) (emphasis added))....

...Portocarrero, 963 F.2d 332, 334 (11th Cir.1992); Quality Foods de Centro Am., S.A. v. Latin Am. Agribusiness Dev. Corp. S.A., 711 F.2d 989, 994 (11th Cir.1983). . Pioneer has since been dismissed from this action. See Docs. 11 and 12. . The Complaint references Fla. Stat. § 559.55 (3), which was the provision that defined "creditor" at the time the Complaint was filed....

...Thus, the motion is ripe for the Court’s disposition. BACKGROUND This is an unlawful collection practices action arising under the Fair Debt Collection Practices Act, Title 15, United States Code, §§ 1692 et seq. (“FDCPA”), and the Florida Consumer Collection Practices Act (“FCCPA”), §§ 559.55 et seq., Florida Statutes....

...n in which the money, property, insurance, or services which are the subject of the transaction are primarily for personal, family, or household purposes, whether or not such obligation has been reduced to judgment. 15 U.S.C. § 1692a(5); Fla. Stat. § 559.55 (1)....

...Unifund CCR Partners, 601 F.3d 1185, 1190 (11th Cir.2010), the Eleventh Circuit, as a matter of first impression, held that a violation of FCCPA may support a cause of action under § 1692e of the FDCPA. Similarly to the notice of assignment statute, there is no private cause of action to enforce a violation of Fla. Stat. § 559.553 ; however, despite this unavailability, the LeBlanc court found that “a violation of the FCCPA for failure to register may, in fact, support a federal cause of action under Section 1692e(5) of the FDCPA for threatening to take an action it could not legally take.” Id....

...The attorney then filed this action against both corporations alleging various violations. HSBC settled *181 the claims against it shortly after ARM received the final summary judgment that Mr. Desmond challenges in this appeal. The Florida Consumer Collection Practices Act regulates debt collection in Florida. See §§ 559.55-.78....

...9.72(7)). We disagree with the trial court on one narrow issue. Under the Act, “unless the context otherwise indicates,” a “debt- or” means not only an actual debtor, but also “any natural person ... allegedly obligated to pay any debt.” § 559.55(2)....

...#92 at ¶ 4; Doc. # 97 at ¶ 4). Plaintiff Willie McCaskill alleges that the calls violated the Telephone Consumer Practices Act (“TCPA”), 47 U.S.C. § 227 (b)(l)(A)(iii), the Florida Consumer Collection Practices Act (“FCCPA”), Fla. Stat. §.§ 559.55 et seq., and the Fair Debt Collection Practices Act (“FDCPA”), 15 U.S.C....

...Although the FDCPA provides a number of exclusions to the definition of “debt collector,” Defendants do not maintain that any exclusion applies. 15 U.S.C. § 1692a(6)(A)-(F). The FCCPA includes an identical definition of “debt collector.” Fla. Stat. § 559.55 (7)....

...Stat. § 559.77 (1), “[a] debtor” is authorized to bring a civil action to recoyer for violations of Fla. Stat. § 559 ,72. The FCCPA defines “debtor” .as “any natural person obligated or allegedly obligated to pay any debt.” Fla. Stat. § 559.55 (8)....

...be granted. The crux of Dyck-O’Neal’s argument is *1210 that the February 7 lawsuit is an action for deficiency judgment, which is not an “obligation of a consumer to pay money arising out of a transaction.” 15 U.S.C. § 1692a(5); Fla. Stat. § 559.55 (6)....

...n which the money, property, insurance, or services which are the subject of the transaction are primarily for personal, family, or household purposes, whether or not such obligation has been reduced to judgment.” 15 U.S.C. § 1692a(5); Fla. Stat. § 559.55 (6)....

...express statutory language seems to preclude any such contention. In the language of both statutes, Rojas’s promissory note constituted a “debt” “whether or not 'such obligation [was] reduced to judgment.” 15 U.S.C. § 1692a(5); Fla. Stat. § 559.55 (6) (emphasis added)....

...If such an interpretation is accepted, however, it would render meaningless the words “whether or not such obligation has been reduced to judgment,” words that were expressly included in the statutory definition of “debt” by both Congress and the Florida Legislature. 15 U.S.C. § 1692a(5); Fla. Stat. § 559.55 (6)....

...ded from FDCPA regulations not because they dealt with judgments, but because the obligations in those cases were not based on an underlying “obligation of a consumer "to pay money arising out of a transaction.” 15 U.S.C. § 1692a(5); Fla. Stat. § 559.55 (6)....

...The clear and unambiguous language of both the FDCPA and the FCCPA provide that any obligation to pay money arising out of a consumer transaction is a debt, “whether or not such obligation has been reduced to judgment.” 15 U.S.C. § 1692a(5); Fla. Stat. § 559.55 (6) (emphasis added)....

...s in any business the principal purpose of which is the collection of any debts, or who regularly collects or' attempts to collect, directly or indirectly, debts owed or due or asserted to be owed or due another.” 15 U.S.C. § 1692a(6); Fla. Stat. § 559.55 (7). . The terms "consumer,” 15 U.S.C. § 1692a(3), and "debtor,” Fla. Stat. § 559.55 (8), are defined as "any natural person obligated or allegedly obligated to pay any debt.” ....

...n which the money, property, insurance, or services which are the subject of the transaction are primarily for personal, family, or household purposes, whether or not such obligation has been reduced to judgment.” 15 U.S.C. § 1692a(5); Fla. Stat. § 559.55 (6)....

...o Dismiss Complaint [ECF No. 5]. Plaintiff Ein-horn commenced this action in the Circuit Court of the 17th Judicial Circuit in and for Broward County, Florida, alleging that CarePlus violated the Florida Consumer Collection Practices Act, Fla. Stat. § 559.55 et seq....

...entered, the Sellerses sued Rushmore seeking class certification on claims arising under the Fair Debt Collection Practices Act (“FDCPA”), 15 U.S.C. § 1692 et seq., and the Florida Consumer Collection Practices Act (“FCCPA”), Fla. Stat. § 559.55 et seq. The Sellerses alleged that Rushmore made false, deceptive, and misleading representations when it sent mortgage statements and attempted to collect on their mortgage debt after they received a Chapter 7 discharge....

...3d 669, 674 (Fla. 1st DCA 2015) (quoting Locker v. United Pharm. Grp., Inc., 46 So. 3d 1126, 1128 (Fla. 1st DCA 2010)). 1 Chez Sois Homeowner’s Association, Inc., is a condominium association operating pursuant to Chapter 718, Florida Statutes. 2 §§ 559.55 - .785, Fla. Stat., (FCCPA). 2  Both the FCCPA and its federal counterpart, FDCPA, regulate consumer debt collection in Florida. See § 559.552, Fla. Stat....

...money arising out of a transaction in which the money, property, insurance, or services which are the subject of the transaction are primarily for personal, family, or household purposes, whether or not such obligation has been reduced to judgment. § 559.55(6), Fla....

...Application of the FCCPA’s protections to condominium associations is supported by case law and the rules of statutory construction. This application is consistent with our statutory obligation to construe the FCCPA in a manner that is protective of the consumer. See § 559.552, Fla....

...It further alleges that SunTrust used various means of communication and attempted to collect debts involving interstate commerce, which is a different element than the foreclosure proceeding. It would require proof that the debts were “consumer debts” within the meaning of section 559.55(6), Florida Statutes (2006)....

...3d DCA 1976) (concluding that medical providers of non-WCL services violated section 559.72(10), Florida Statutes (1973), which addressed prohibited practices in the collection of consumer claims, defined as the obligation for payment of money "arising out of a transaction wherein credit has been . . . extended," § 559.55(1))....

...Procedural Background Based on this underlying conduct, on February 15, 2017, Mr. Castellanos filed the instant action, alleging that Portfolio Recovery violated the Fair Debt Collection Practices Act, 15 U.S.C. § 1692 , et seq. (the "FDCPA") and Florida Consumer Collection Practices Act, Fla. Stat. § 559.55 , et seq....

...Plaintiff is entitled to summary judgment with respect to Counts I and III for four reasons. First, there is no genuine dispute that Defendant is a debt collector and Plaintiff is a consumer, as defined by the FDCPA and FCCPA. 15 U.S.C. § 1692a(3) ; 15 U.S.C. § 1692a(6) ; Fla. Stat. § 559.55 (8) ; Fla. Stat. § 559.55 (7) ; D.E....

...ich the money, property, insurance, or services which are the subject of the transaction are primarily for personal, family, or household purposes, whether or not such obligation has been reduced to judgment.” See 15 U.S.C. § 1692a(5); Fla. Stat. § 559.55(6). And they both define “communication” as “the conveying of infor- mation regarding a debt directly or indirectly to any person through any medium.” See 15 U.S.C. § 1692a(2); Fla. Stat. § 559.55(2). We have already held that a homeowner’s promissory note, secured by a mortgage on the property, constitutes a “debt” under the FDCPA....

...existence of a debt known to be reasonably disputed by the debtor" under section 559.72(6). The trial court also found that amending the complaint would be futile. In its view, the eviction notice "squarely falls under the 'debt collector' exemptions" of section 559.55(7)....

...2d DCA 2013) ("We reverse the order because the trial court resolved the case on an issue that was not raised in the motion to dismiss and could not have been resolved on this record even if it had been raised."). For example, neither party argued that Hudson was an exempted "debt collector" under section 559.55(7). 3  We also conclude that the trial court should have allowed KAC to amend its complaint....

...The trial court's finding that KAC could allege no facts showing that Hudson was a "debt collector" is misguided. Although section 83.56 required Hudson to deliver the eviction notice, that act, without any other factual allegations, does not fall "squarely" under the statutory exemptions in section 559.55(7)....

Practices Acts, see 15 U.S.C. § 1692a(5), (6); § 559.55(1), (6), Fla. Stat. (1995), and that there was

...its powers under the NBA. Accordingly, the NBA does not preempt the FCCPA. For the above reasons, this Court concludes that Wells Fargo's Motion to Dismiss shall be denied by separate order. NOTES [1] 12 U.S.C. § 1, et seq. ("NBA"). [2] Fla. Stat. § 559.55 et seq....

...The underlying complaint alleges that the inclusion of estimated attorney’s fees in his restatement balance violated the Fair Debt Collection Practices Act, 15 U.S.C. § 1692 et seq. (“FDCPA”), and the Florida Consumer Collection Practices Act, Fla. Stat. § 559.55 et seq....

...Rojas pleads violations of three statutes against Dyck-O’Neal: 15 U.S.C. § 1692i for bringing an action to enforce a debt in an improper venue (Count II); 15 U.S.C. § 1692e for falsely representing the character, amount, or legal status of a debt (Count IV); and section 559.55(2), Florida Statutes, for attempting to enforce a debt with knowledge that the debt was not legitimate (Count VI).....

...Therein, Defendants seek summary judgment on the issues of whether the balance owed by Plaintiff Abby is a consumer debt under the Fair Debt Collection Practices Act (“FDCPA”), 15 U.S.C. § 1692 et seq., and the Florida Consumer Collection Practices Act (“FCCPA”), Fla. Stat. § 559.55 et seq., whether Defendant Robert Paige qualifies as a “debt collector” under the FDCPA, and whether Plaintiff Abby has provided sufficient evidence in support of her claim for slander of title....

...Specially, the statutes prohibit certain collection practices of consumer debts. Both statutes define “consumer debt” identically as “any obligation or alleged obligation of a consumer to pay money arising out of a transaction ....” Fla. Stat. § 559.55 (1); 15 U.S.C....

...The FCCPA allows a “debtor” to bring a civil action against a person violating the FCCPA. § 559.77(1), Fla. Stat. (2023). The Act defines “debtor” or “consumer” as “any natural person obligated or allegedly obligated to pay any debt.” § 559.55(8), Fla. Stat. (2023). And the Act defines a “debt” as “any obligation or alleged obligation of a consumer to pay money arising out of a transaction . . . primarily for personal, family, or household purposes . . . .” § 559.55(6), Fla....

...is appeal. The amended complaint with which we are dealing was brought pursuant to Chapter 559, Florida Statutes. It alleged that appellee was a foreign corporation doing business in Florida as a collection agency pursuant to the definition found in Section 559.55, in that by itself or through others the telephone and mail were used to attempt collection of consumer claims owed or alleged to be owed by appellants to W....

...The lat *138 ter statutory section referred to is part of the Florida General Corporation Act and does not control this case because the conduct with which appellee was charged is specifically held to constitute “doing business within this state.” Section 559.55(8)(a) provides: “Doing business within this state” means entering the State of Florida physically to perform any activity included in the definition of a collection agency in subsection (4), or doing the same from within or without the state by telephone, telegram, mail, or any other form of communication....

and the cause was transferred to circuit court. § 559.55(1), Florida Statutes (1975), provides that a “consumer

...waiting at least thirty days as required by section 559.715. The trial court agreed with Ward's reasoning and granted final summary judgment in her favor. Section 559.715 is part of the Florida Consumer Collection Practices Act, §§ 559.55-.785 (2013) (FCCPA), which is much like the federal Fair Debt Collection Practices Act, 15 U.S.C....

...arising out of a transaction in which the money, property, insurance, or services which are the subject of the transaction are primarily for personal, family, or household purposes, whether or not such obligation has been reduced to judgment."); § 559.55(6) (" 'Debt' or 'consumer debt' means any obligation or alleged obligation of a consumer to pay money arising out of a transaction in which the money, property, insurance, or services which...

...Ctr., Inc. v. See, 79 So. 3d 1, 8 (Fla. 2012); Fla. Ins. Guar. Ass'n, Inc. v. Lustre, 163 So. 3d 624, 628 (Fla. 2d DCA 2015). Enacted in 1989, section 559.715 is part of the Florida Consumer Collection Practices Act (FCCPA). See § 559.551....

...BAC Home Loans Servicing, LP, was a prior servicer. -3- 1692 - 1692p (FDCPA). Our brief reference to the federal statute is important because each party relies on any number of federal cases interpreting the FDCPA, an analog to the FCCPA. See § 559.552 (providing that the FCCPA does not limit or restrict the application of the FDCPA; in the event of any inconsistency in the two acts, the more protective for the consumer or debtor prevails)....

...See § 559.533(3)(c), (i) (providing that registration requirements for collection agencies do not apply to financial institutions authorized to do business in Florida or to an FDIC insured institution), as amended in 2014, which renumbered the provision, without change, from section 559.553(4) to 559.553(3). 2014 Fla....

...Home Mortg. Servicing, Inc., 481 Fed. Appx. 579 (11th Cir. 2012) (holding that mortgage loan servicer's conduct supported conclusion that it engaged in debt collection activity, in addition to enforcing a security interest, under FDCPA). Section 559.55(6)3 defines "debt" or "consumer debt" as "any obligation or alleged obligation of a consumer to pay money arising out of a transaction in which the money, property, insurance, or services which are the subject of the transaction are...

...737 (stating that publication of foreclosure notices amounts only to enforcement of a security instrument and not a debt for purposes of the FDCPA). 3 As amended in 2014, which renumbered the definition provision, without change, from section 559.55(1) to 559.55(6)....

...But, the FCCPA imposes a sweeping scheme of administrative enforcement. See §§ 559.725, .726, .727, .730, .77, .78, .785. For example, a person who violates any provision of the FCCPA is subject to a cease and desist order. § 559.727. Further, persons registered or required to be registered under section 559.553 are subject to disciplinary action for failure to comply with any provision of the FCCPA....

...470, 490 (1917)). The FCCPA does not specifically exclude foreclosure—or, more generally, the enforcement of security interests—from its reach. And a borrower's obligation under a promissory note in a residential foreclosure suit falls within the broad definition of "consumer debt" contained in section 559.55(6)....

...§ 227 et seq, by calling Plaintiffs cell phone numbers using an automated dialer or a prerecorded voice without his consent. (Doc. #37 at ¶¶ 52-54). Count II alleges that RoundPoint violated two subsections of the Florida Consumer Collection Practices Act CFCCPA), Fla. Stat. § 559.55 et seq....

...When Plaintiffs did not pay, DONI pursued the deficiency claims. In this case, Plaintiffs allege that DONI violated the Fair Debt Collection Practices Act (“FDCPA”), 15 U.S.C. § 1692e, and the Florida Consumer Collection Protections Act (“FCCPA”), Fla. Stat. § 559.55 et seq., 3 in collecting on the deficiency balances....

U.S.C. § 1692a(5) (emphasis added); Fla. Stat. § 559,55(1) (same).- , Accordingly,, the FDCPA and FCCPA

...ce, or services which are the subject of the transaction are primarily for personal, family, or household purposes, whether or not such obligation has been reduced to judgment. 15 U.S.C. § 1692a(5) (emphasis added); Fla. Stat. § 559.55(1) (same). Accordingly, the FDCPA and FCCPA apply only to payment obligations of a (1) consumer arising out of a (2) transaction in which the money, property, insurance, or services at issue are (3) primarily for personal, family, or hou...

...d used primarily for personal, family, or household purposes.” PayPal User Agreement ¶ 15.aj. C. Florida Consumer Collection Practices Act The FCCPA definition of “debt” is identical to that found in the FDCPA. Compare Fla. Stat. § 559.55(1) with 15 U.S.C....

...D.E. 51-1. *1346 There is no dispute that: (1) Plaintiff is a "consumer" within the meaning of the FDCPA; and (2) Plaintiff's $448.50 debt constituted a "consumer debt" governed by the FDCPA and Florida Consumer Collection Practices Act, Fla. Stat. § 559.553 (the "FCCPA"). D.E. 37 ¶¶ 13, 14; D.E. 60 ¶ 5(iii). In addition, there is no dispute that Defendant was not registered as a consumer collection agency, as provided by Fla. Stat. § 559.553 (1), prior to attempting to collect the debt from Plaintiff....

...Procedural Background On March 4, 2017, Plaintiff filed the instant action, alleging one claim for violation of the FDCPA, on grounds that that Defendant sought to collect a debt without being properly licensed in Florida, as required by Fla. Stat. § 559.553 (1), thereby violating 15 U.S.C....

...claim under the FDCPA; and (2) in any event, Defendant did not engage in any act or omission prohibited by the FDCPA, as Defendant is subject to an exemption from Florida's registration requirements for consumer collection agencies under Fla. Stat. § 559.553 (3)(h)....

...ion, if Plaintiff failed to pay his outstanding debt; and (3) Defendant misrepresented its ability to collect Plaintiff's debt, as a debt collector, because Defendant was "not licensed to do business in Florida as a consumer collection agency" under Section 559.553 of the FCCPA. D.E. 51. In support, Plaintiff relies on Fla. Stat. § 559.553 and courts from this District and Circuit interpreting whether and how failure to register under Fla. Stat. § 559.553 might serve as a predicate act for a debtor's FDCPA claim. Section 559.553(1) of the FCCPA provides: A person may not engage in business in this state as a consumer collection agency or continue to do business in this state as a consumer collection agency without first registering in accordance with this part, and thereafter maintaining a valid registration. Fla. Stat. § 559.553 (1). However, Section 559.553(1) has a handful of exemptions to this registration requirement. The exemption at issue in this case applies to an "out-of-state consumer debt collector." Fla. Stat. § 559.553 (3)....

...In particular, the statute provides: (3) This section does not apply to: ... (h) An out-of-state consumer debt collector who does not solicit consumer debt accounts for collection from credit grantors who have a business presence in this state. Fla. Stat. § 559.553 (3)(h)....

...from creditors who have a business presence in this state. For purposes of this subsection, a creditor has a business presence in this state if either the creditor or an affiliate or subsidiary of the creditor has an office in this state. Fla. Stat. § 559.55 . Plaintiff contends that it is entitled to judgment on the pleadings because: (1) Defendant was required to register under Fla. Stat. § 559.553 (1) ; (2) Defendant is not exempt under Section 559.553(3)(h) ; and (3) the Eleventh Circuit, as well as district courts within this Circuit have held *1350 that a consumer collection agency's failure to register itself under the FCCPA, coupled with an attempt to collect debt by suing or threatening to sue a debtor, constitutes a violation of the FDCPA. Plaintiff relies mainly on LeBlanc v. Unifund CCR Partners , 601 F.3d 1185 (11th Cir. 2010), which held that failing to register under Fla. Stat. § 559.553 (1)"may, in fact, support a federal cause of action under Section 1692e(5) of the FDCPA for threatening to take an action it could not legally take." LeBlanc , 601 F.3d at 1192 ; see also Erickson v....

...n under § 1692e of the FDCPA."). Defendant responds in three main ways. As an initial matter, Defendant agrees that it is not, and at the time of mailing the February 1, 2017 Letter was not, licensed as a consumer collection agency under Fla. Stat. § 559.553 (1)....

...ause Plaintiff must also show a violation of another FDCPA provision before it can prevail on his FDCPA claim. D.E. 53 p. 7 ¶¶ 41-43. Lastly, Defendant argues that, in any event, Defendant is exempt from the registration requirements of Fla. Stat. § 559.553 (1) based on the out-of-state consumer exception set forth under Section 559.553(3)(h), which provides that Section 559.533(1) licensing requirements do not apply to: "An out-of-state consumer debt collector who does not solicit consumer debt accounts for collection from credit grantors who have a business presence in this state." Fla. Stat. § 559.553 (3)(h)....

...ummary judgment. 3 In LeBlanc , the Eleventh Circuit reversed the trial court's entry of summary *1351 judgment in favor of a debt collector, where the debt collector: (1) failed to register as a consumer collection agency, as required by Fla. Stat. § 559.553 ; and (2) mailed a letter that a reasonable jury could conclude constituted a "threat to take legal action." LeBlanc , 601 F.3d at 1193 -1202 ....

...aw, will also constitute FDCPA violations." (internal citations and quotations omitted) LeBlanc , 601 F.3d at 1192 . Thus, district courts applying LeBlanc have held that a debt collector can violate the FDCPA by failing to register under Fla. Stat. § 559.553 and, then, either threatening to collect a debt by means of legal action or taking legal action that the debt collector was not authorized to take under Fla. Stat. § 559.553 -as long as the debt collector is not exempt from the registration requirements under Section 559.553....

...27, 2014) (denying motion to dismiss FDCPA claim where the debtor alleged that a debt collector "attempted to and did collect consumer debts without first registering with the state of Florida as a consumer collection agency as required by Fla. Stat. § 559.553 "); Rigney v....

...is entitled to partial summary judgment on grounds that Plaintiff has proven his FDCPA claim under 15 U.S.C. § 1692e, 15 U.S.C. § 1692e(2)(A), 15 U.S.C. § 1692e(5) and 15 U.S.C. § 1692e(10) based on Defendant failing to register under Fla. Stat. § 559.553 and, then, attempting to collect the $448.50 debt by threatening to take action that Defendant was not authorized to take- in Defendant's capacity as a debt collector 4 -without first registering under Fla. Stat. § 559.553 . This is true for four reasons. First, there is no dispute that Defendant was not registered as a consumer collection agency, as required by Fla. Stat. § 559.553 (1), before attempting to collect the debt from Plaintiff....

...15-22444-CIV, 2016 WL 6080454 , at *2. *1353 However, the Court finds that there is, just barely , a genuine dispute of material fact concerning whether Defendant is entitled to the "out-of-state consumer debt collection" exemption set forth under Fla. Stat. § 559.553 (3)(h), which provides that Florida's consumer collection agency registration requirements do not apply to: "An out-of-state consumer debt collector 6 who does not solicit consumer debt accounts for collection from credit grantors who have a presence in the state." The only evidence to support Defendant's claim that it is entitled to the Section 559.553(3)(h) exemption comes from McCarthy, the owner and solo practitioner of Defendant's law firm....

...s Forest Recovery Services, LLC and Boca Raton Gastroenterology] who have a business presence in Florida." D.E. 53 pp. 10-11, ¶¶ 4, 11-12. This evidence is just enough to defeat summary judgment with respect to the FCCPA exemption under Fla. Stat. § 559.553 (3)(h)....

...Plaintiff has shown no genuine dispute of material fact that Defendant violated 15 U.S.C. § 1692e, 15 U.S.C. § 1692e(10), 15 U.S.C. § 1692e(2)(A), and 15 U.S.C. § 1692e(4), as set forth herein, as long as Defendant is not subject to the exemption to Florida's licensing requirements under Fla. Stat. § 559.553 (3)(h). The parties shall proceed to trial on the Section 559.553(3)(h) exemption as well as on damages....

...The parties' Joint Pretrial Stipulation SHALL NOT add any additional witnesses or exhibits, besides those already disclosed in the parties' Joint Pretrial Stipulation. In addition, the parties' Joint Proposed Jury Instructions SHALL include substantive instructions concerning the exemption under Florida Statute Section 559.553(3)(h)....

...It is further ORDERED AND ADJUDGED that the parties SHALL meet and confer and, then, file one brief setting forth the parties' respective positions as to whether Plaintiff or Defendant bear the burden of proving that Defendant is or is not entitled to the exemption under Fla. Stat. § 559.553 (3)(h), no later than Wednesday, December 20, 2017 at 3:00 p.m....

...Upon further reflection, however, the Court concludes that LeBlanc does expressly permit debtors to bring FDCPA claims where, as here, an entity stating that it is a "debt collector" seeks to collect a debt, including by threatening legal action, without first registering to collect debt as required under Florida Statute § 559.553(1)....

...n the State of Florida on behalf of a client that is owed a debt. Instead, the Court only finds that a law firm acting as a debt collector cannot threaten to institute legal action under the FCCPA and FDCPA without first registering under Fla. Stat. § 559.553 , absent demonstrating that the debt collector is exempt from Florida's registration requirements....

...from creditors who have a business presence in this state. For purposes of this subsection, a creditor has a business presence in this state if either the creditor or an affiliate or subsidiary of the creditor has an office in this state. Fla. Stat. § 559.55 ....

...Plaintiff alleges she revoked consent for Defendant to place robocalls to her cell phone on multiple occasions, but that Defendant continued to call her. In September 2017, Plaintiff filed suit against Defendant for violations of the Florida Consumer Collection Practices Act, § 559.55 et seq....

...FCCPA The FCCPA permits a "debtor" to bring a civil action against a person who violates the statute's provisions. § 559.77(1), Fla. Stat. (2017). Unless the context otherwise indicates, a "debtor" is defined as "any natural person obligated or allegedly obligated to pay any debt." Id. § 559.55(8)....

...Background On May 25, 2016, Kozak initiated this action against Medieredit by filing a three count Complaint alleging violations of the Fair Debt Collection Practices Act (“FDCPA”), 15 U.S.C. § 1692 , the Florida Consumer Collection Practices Act (“FCCPA”), Fla. Stat. § 559.55 , and the Telephone Consumer Protection Act, (“TOPA”) 47 U.S.C....

...Einhorn commenced this action in the Circuit Court of the 17th Judicial Circuit in and for Broward County, Florida. She alleges that the Defendant, CarePlus Health Plans, Inc. (“Care-Plus”), violated the Florida Consumer Collection Practices Act, Fla. Stat. § 559.55 et seq....

...Clarfield and Robert C. Okon for wrongfully foreclosing on his home. (Prior Litigation, Dkt. 1) Foxx brought four claims against certain defendants: a claim under the FCRA (Count I); a claim under Florida Consumer Collection Practices Act, Fla. Stat. §§ 559.55-559.785 , (“FCCPA”)(Count II) ; a claim under the Florida Deceptive and Unfair Trade Practices Act, Fla....

...en, removed the action within the thirty days prescribed by 28 U.S.C. § 1446 (b). Accordingly, Foxx’s Opposition to Notice of Removal, which is construed as a motion to remand, is DENIED. . Foxx in Count II alleges, "Violation of Florida Statutes § 559.55 et seq., and Federal Fair Debt Collection Practices Act (FDCPA) 15 USC § 1692 et seq." (Dkt....

...e employment when, in fact, their loans were ineligible for the forgiveness program. The Borrowers sued Great Lakes, bringing a variety of claims under Florida law, including the Florida Consumer Collection Practices Act (“FCCPA”), Fla. Stat. § 559.55 et seq. The district court ruled that the Borrowers’ claims were preempted by a provision of the Higher Education Act of 1965, 20 U.S.C....