Florida/Georgia Personal Injury & Workers Compensation

...§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 ....

...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)....

...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....

...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....

...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....

...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...

...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...

...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....

...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....

...(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....

...§ 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....

...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....

...ed Culligan to assign certain past-due accounts receivable to Creative for collection. Sometime prior to the signing of the contract, Welch submitted a Registration *712 of Consumer Collection Agency form to the Office of the Comptroller pursuant to section 559.553, Florida Statutes (1995), together with the required registration fee....

...prior to engaging in consumer collection endeavors and, therefore, no action at law or equity could be maintained by Creative because the contract underlying the business relationship was illegal. The trial court construed the term "registered," in section 559.553(3), to mean issuance of a certificate of registration. We disagree with the trial court's interpretation. Chapter 559, Florida Statutes (1995), the Florida Consumer Collection Practices Act, requires any person who engages in business as a consumer collection agency to register with the Department. Section 559.553, entitled "Registration of consumer collection agencies required; exemptions," provides in part: (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...

...year. There shall be no proration of the fee for any registration. We conclude that under the provisions set out above, registration is complete upon submission of the registration form together with the required fee but may be rejected thereafter. Section 559.553 is not a licensing statute....

...a prior suspension or revocation. And, even where prior suspensions or revocations are explained by a registrant, there is no requirement that a registrant await a response from the Department. [1] Thus, we conclude that the registration required by section 559.553 is complete upon submission *714 to the Department of the required registration form and fee....

...Accordingly, we reverse and remand for further proceedings consistent with this opinion. Our reversal of the final summary judgment renders moot the remaining issues raised in this appeal. Reversed and remanded. GREEN and SILBERMAN, JJ., Concur. NOTES [1] We also note that, pursuant to section 559.553(4), exempted from registration are many persons and businesses who regularly engage in collection activities, such as, any original creditor, any member of The Florida Bar, any financial institution authorized to do business in this state, and any consumer finance company. Presumably, the registration requirements of section 559.553 are not necessary for these entities because the information provided through registration is already on file with the state.

...Under Florida law, consumer collection agencies must register with the state, and the parties agree that at the time it sent the letter to Conner, BCC was required to be registered as a consumer collection agency. ( See Am. Compl. ¶ 8; Ans. ¶ 8; Fla. Stat. § 559.553(1))....

...r Collection Practices Act ("FCCPA"), Fla. Stat. § 559.72(9). ( See id. ¶¶ 15-16; 23-24). In its Motion, BCC moves for partial summary judgment on Count III of Conner's Amended Complaint, arguing that its alleged failure to comply with Fla. Stat. § 559.553 does not give rise to a private right of action under Fla....

...BCC's argument is essentially that, even accepting as true Conner's allegation that BCC omitted its mailing address in the application and that this omission rendered its registration void, Conner does not have a valid cause of action under Fla. Stat. § 559.72(9). Under Fla. Stat. § 559.553, consumer collection agencies must register with the state....

...erson knows that the right does not exist." Florida law provides citizens with a private right of action for alleged violations of Fla. Stat. § 559.72. See Fla. Stat. § 559.77(1). BCC argues that a violation of the registration statute, Fla. Stat. § 559.553, does not give rise to a private right of action under Fla....

...Finding that BCC's Motion complied with this requirement by sufficiently identifying the facts BCC contends are undisputed, the undersigned proceeds to an analysis of BCC's legal contentions. [2] As an initial matter, it is clear that Conner may not assert her claim directly under Fla. Stat. § 559.553, which does not itself provide for a private right of action. Conner appears to be aware of this fact, as she asserts her cause of action under Fla. Stat. § 559.72(9). The question, then, is whether a failure to comply with Fla. Stat. § 559.553 constitutes a violation of Fla....

...on knows that the right does not exist." Conner argues that BCC's provision of incomplete information to the state rendered its registration void and that BCC's attempt to collect a debt while in possession of a void registration violated Fla. Stat. § 559.553. Because Section 559.553 requires registration, Conner 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 right of action in the statute itself, or by referencing Section 559.553 in Fla....

...ction 559.72. Because the legislature chose not to do so, the undersigned is not inclined to, nor can she, read such a cause of action into the language of Fla. Stat. § 559.72(9). Furthermore, at least one Florida court has analyzed the language of Section 559.553 and has held that the statute does not require registration prior to the commencement of consumer debt collection activities. That court explained that Section 559.553: ....

...tion activities may be undertaken. *1362 Welch v. Florida West Coast, Inc., 816 So.2d 711, 714 (Fla. 2d DCA 2002). Consequently, the undersigned finds that Fla. Stat. § 559.72(9) does not allow a private right of action for violations of Fla. Stat. § 559.553....

...gency, as required by § 559.555, Florida Statutes. (Class Action Complaint, Doc. ¶ 12, 26, 29). The Florida Consumer Collection Practices Act (“FCCPA”) requires those who engage in business as a consumer collection agency to register to do so. Section 559.553, Florida Statutes, 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)....

...the Eleventh Circuit “considered] whether 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.” 601 F.3d at 1189-90 ....

...ions of the FDCPA, specifically §§ 1692e(5) and 1692f. Id. The district court held that the defendant could not legally sue the plaintiff to collect the debt without first registering with Florida’s Office of Financial Regulation, as required by Section 559.553 of the FCCPA....

...(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)....

...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)....

...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))....

...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....

...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....

...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....

...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....

...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....

...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....

...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)....

...ither 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....