Florida/Georgia Personal Injury & Workers Compensation

...We, therefore, reverse the order as to the dismissal of Count 4. Count 5 (Debt Collection) In Count 5, Appellant alleged that Appellees violated both FCCPA and FDUTPA by engaging in certain debt collection practices. As to its authority to bring a FCCPA claim, Appellant cites Section 559.725 of FCCPA, which is entitled “Consumer complaints; administrative duties” and provides in part: (1) The office [Office of Financial Regulation] shall receive and maintain records of correspondence and complaints from consumers conc...

...(Emphasis added). As Appellees contend, Appellant did not rely upon subsection (2) in the trial court. Instead, Appellant incorrectly relied upon the State Attorney’s letter deferring its FDUTPA enforcement authority to it. Because Appellant failed to bring section 559.725(2) to the trial court’s attention, we decline to address the applicability of the provision to Appellant in this case and affirm the dismissal of the FCCPA claim in Count 5....

...See § 559.77. Those remedies, however, do not extend to section 559.715. Indeed, the prohibitions in section 559.72 do not include the alleged failure to give notice. But, the FCCPA imposes a sweeping scheme of administrative enforcement. See §§ 559.725, .726, .727, .730, .77, .78, .785....

...d some rights. Next, the majority points out that the Brindises could have sought relief under the sections of the FCCPA that provide for administrative enforcement. For - 17 - example, section 559.725 provides that consumers' complaints against debt collectors must be investigated and section 559.727 provides that corrective actions may be taken to remedy violations....