Florida/Georgia Personal Injury & Workers Compensation

...provides debtors with protection from abusive, fraudulent, and deceptive collection practices. Like the FDCPA, the Florida Act includes a list of prohibited collection practices that give rise to a private cause of action. Fla. Stat. §§ 559.72, 559.77....

...15 U.S.C. § 13 In 2001, after the complaint was filed in this case, the Florida Consumer Collection Practices Act was amended to establish a two-year statute of limitations for actions filed under the Florida Act. Fla. Stat. § 559.77(4). 32 1692k(d), and there is nothing to suggest that by merely permitting claims to be brought within four years instead of one, the Florida Act discourages lender participation to such an extent that it stands as an obstacle to the HEA....

...members collectively may receive an amount that the court may allow up to the lesser of $500,000 or one percent of the debt collector’s net worth. Id. § 1692k(a)(2)(B). By contrast, under the Florida Act, plaintiffs are entitled to the greater of actual damages or $500. Fla. Stat. § 559.77....

...if the person shows by a preponderance of the evidence that the violation was not intentional and resulted from a bona fide error, notwithstanding the maintenance of procedures reasonably adapted to avoid such error. Fla. Stat. § 559.77(3)....

...“In applying and construing this section, due consideration and great weight shall be given to the interpretations of the Federal Trade Commission and the federal courts relating to the federal Fair Debt Collection Practices Act [“FDCPA”].” 6 Id. § 559.77(5); Gann v....

...Furthermore, the FCCPA specifies that, in construing its provisions, “due consideration and great weight shall be given to the interpretations of the Federal Trade Commission and the federal courts relating to the federal Fair Debt Collection Practices Act.” Fla. Stat. § 559.77(5)....

...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....

...559.72, Florida Statutes. That section provides in part as follows: "In collecting consumer claims, whether or not licensed by the division, no person shall: ..." (Emphasis supplied) The statute goes on to list certain prohibited acts or practices. Section 559.77(1) provides as follows: "(1) A debtor may bring a civil action against a person violating the provisions of this part in the circuit court of the county in which the alleged violator resides or has his principal place of business or in the county wherein the alleged violation occurred....

...2001) (same). While the FCCPA does not squarely address this issue and there is no Florida case directly on point, the undersigned finds no reason why the rationale espoused under FDCPA precedent should not apply with equal force to FCCPA cases. In fact, § 559.77(5) of the FCCPA provides that, when applying the provisions of the FCCPA, "great weight shall be given to the interpretations of ......

...ring as a Florida debt collector (¶ 42) and failed to comply with § 559.715 when it obtained the right from third party mortgage note owners to collect a debt (¶ 57). However, none of these allegations fall under the purview of § 559.72. Because § 559.77 only provides a private right of action for violations of § 559.72, these remaining allegations are not actionable by these private plaintiffs....

...in Florida and (2) § 559.78 enables the State Attorney to seek injunctive relief against FCCPA violators. To extend a private right of action to acts other than those proscribed under § 559.72 would impermissibly alter the unambiguous language of § 559.77....

...Prior to the Court's ruling on the motion to dismiss, plaintiffs moved for leave to file a Second Amended Complaint (Doc. 39), which the Court granted (Doc. 43). MERS then moved to dismiss the Second Amended Complaint (Doc. 46) and the Court held oral argument (Doc. 57). [3] Fla. Stat. § 559.77, titled "Civil Remedies", is the enabling statute that permits a private right of action under the FCCPA. Section 559.77(1) provides: "A debtor may bring a civil action against a person violating the provisions of s. 559.72 in a court of competent jurisdiction of the county in which the alleged violator resides or has his or her principal place of business or in the county wherein the alleged violation occurred." Section 559.77(2), again citing § 559.72, provides that "[u]pon adverse adjudication, the defendant shall be liable for actual damages and for additional statutory damages of up to $1,000...." [4] In Echevarria, et al....

...*198 Ultimately Beneficial filed an amended motion to dismiss the amended complaint, challenging the validity of Section 559.72(4), Florida Statutes, as an unconstitutional infringement of the right of free speech guaranteed by the First Amendment. Also in its amended motion to dismiss, Beneficial contended that Section 559.77(1), Florida Statutes, the remedy provision of the CCPA which allows successful plaintiffs to recover either actual damages or $500, whichever is greater, constituted an unconstitutional deprivation of defendant's property without due process of law. In an opinion and order dated September 24, 1975, the trial court rejected Beneficial's free speech attack on Section 559.72(4), Florida Statutes, but declared the minimum damage award provision of Section 559.77(1) to be unconstitutional on due process grounds....

...We note, furthermore, that the statute is restricted by its terms to those communications made "in collecting consumer claims," and so we reject Beneficial's argument that the Act is void for overbreadth. Beneficial argued successfully before the trial court that the minimum damage provision of Section 559.77(1), Florida Statutes, [1] is unconstitutional as a denial of *200 due process of law....

...Still, Schauer maintains GMAC would still qualify as a "person" otherwise subject to the Act under section 559.72, Florida Statutes (1999). That section provides that "[i]n collecting consumer debts, no person shall ..." (Emphasis supplied.) The statute goes on to list certain prohibited acts or practices. Section 559.77, Florida Statutes (1999) provides that a debtor may bring a civil action against a person violating the Act for actual damages, costs and reasonable attorney's fees, punitive damages, and other equitable relief....

...See Linder v. Portocarrero, 963 F.2d 332, 336 (11th Cir.1992) (citing Robertson v. Johnston, 376 F.2d 43 (5th Cir.1967)). B. Plaintiff Has Stated a Claim under the FCCPA Defendant stated that it limited its analysis to the FDCPA because Fla. Stat. § 559.77(5) states that "[i]n construing this section, due consideration and great 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....

...that the FCCPA gives additional consumer protections without limiting the FDCPA. Fla. Stat. § 559.552. Thus, we interpret the FCCPA third-party communications provision separately from the FDCPA provision. In order to bring a claim under Fla. Stat. § 559.77(5), a Plaintiff must assert "(1) that there was a disclosure of information to a person other than a member of the debtor's family, (2) that such person does not have a legitimate business need for the information, and (3) that such information has affected the debtor's reputation." Heard v....

...Fulton DeKalb Collection Service, 677 F.2d 830, 834 (11th Cir.1982). However, the FCCPA states that a "court may, in its discretion, award punitive damages and may provide such equitable relief as it deems necessary or proper, including enjoining the defendant from further violations of this part." Fla. Stat. § 559.77(2)....

...The reason for the allowance of such damages is that the immediate tendency of the words is to impair the plaintiff's reputation without regard to proof of loss. Ross v. Gore, 48 So.2d 412 (Fla. 1950). While the Act does not require that plaintiff establish proof of actual damages less than $500.00, Section 559.77(1), it does require plaintiff to show the invasion of a legal right....

...owing that the debtor's reputation was adversely affected following the publication. We find no error in the lower court's denial of the counterclaim. We do, however, feel that the court was incorrect in assessing attorney's fees in favor of Mathis. Section 559.77(1), Florida Statutes (1975) states in pertinent part: "If it appears to the court that the suit brought by the plaintiff was ill-founded or brought for purposes of harassment, the plaintiff shall be liable for court costs and reasonabl...

...Stat. § 559.55(1). Furthermore, Asset has engaged in consumer collection conduct that violates Fla. Stat. § 559.72(9), and based on the same, the Debtor has sustained economic damages for which she is entitled to compensation pursuant to Fla. Stat. § 559.77....

...ection Practices Act, 15 U.S.C. §§ 1692 -1692p (FDCPA). Both acts generally apply to the same types of conduct, and Florida courts must give “great weight” *1227 to federal interpretations of the FDCPA when interpreting and applying the FCCPA. § 559.77(5)....

...Thus, the final judgments awarding both compensatory and punitive damages based upon plaintiffs' claim of intentional infliction of mental and emotional distress are reversed. Nevertheless, defendant's conduct clearly is in violation of § 559.72(10), Fla. Stat., F.S.A., [1] and pursuant to § 559.77(1), Fla....

...* * * "(10) Use a communication which simullates in any manner legal or judicial process or which gives the appearance of being authorized, issued or approved by a government, governmental agency, or attorney-at-law, when it is not;" * * * * * [2] "559.77 Civil liability....

...See Fla. Stat. § 559.55(1). The FCCPA provides that "due consideration and great weight shall be given to the interpretations of the Federal Trade Commission and the federal courts relating to the federal Fair Debt Collection Practices Act." Fla. Stat. § 559.77(5)....

...t Collection Practices Act, 15 U.S.C. §§ 1692 -1692p (FDCPA). Both acts generally apply to the same types of conduct, and Florida courts must give “great weight” to federal interpretations of the FDCPA when interpreting and applying the FCCPA. § 559.77(5)....

...Story appeals from an adverse judgment entered on a directed verdict for appellee Fields at the close of Story's evidence in a jury trial. Story's claim is that Fields, in an effort to collect a consumer debt of Story's, engaged in practices prohibited by Section 559.72 and made actionable by Section 559.77, Florida Statutes (1975)....

...On appellee's motion, the trial court dismissed Count I without leave to amend and Count II and III with leave to amend. The appellate presentation is directed totally at the propriety of the claim stated in Count I. The issue thus joined is whether the claim as alleged falls within the purview of §§ 559.72 and 559.77 F.S. Count I of appellant's amended complaint reads as follows: "1. This is an action pursuant to Florida Statute 559.77 and jurisdiction is in the Circuit Court by virtue thereof....

...ms. [2] If the allegations of appellant's complaint are true that appellee knowing appellant's account was satisfied, attempted to effect the collection of an amount not due, appellant would be entitled to recover the statutory penalties provided in § 559.77 F.S....

...efinitions; providing for licensing, fees, and bonding of collection agencies; providing standards governing the issuance of collection agency licenses; providing for prohibited practices applicable to persons generally ... ." (Emphasis added.) [3] "559.77 Civil remedies....

...courts hearing civil actions under the FCCPA to give “due consideration and great weight . . . to the interpretations of the Federal Trade Commission and the federal courts relating to the federal Fair Debt Collection Practices Act.” Fla. Stat. § 559.77(5)....

...The FCCPA provides that "[i]n applying and construing this section, due consideration and great weight shall be given to the interpretations of the Federal Trade Commission and the federal courts relating to the federal Fair Debt Collection Practices Act." Fla. Stat. § 559.77(5)....

...FDCPA or FCCPA violations. The bona fide error defense has three elements, each of which Bank of America must prove by a preponderance of the evidence. First, the Bank must show that its errors were not intentional. 15 U.S.C. § 1692k(c); Fla. Stat. § 559.77 (3)....

...Edwards v. Niagara Credit Solutions, Inc., 584 F.3d 1350, 1354 (11th Cir.2009). Third, the Bank must show that the errors occurred despite the maintenance of procedures reasonably adapted to avoid any such errors. 15 U.S.C. § 1692k(c); Fla. Stat. § 559.77 (3)....

...e combined to create a very stressful situation. IY. THE COURT’S DECISION ON DAMAGES A. Statutory Damages Under both the FDCPA and FCCPA, prevailing plaintiffs are entitled *1211 to statutory damages of up to $1,000. 15 U.S.C. § 1692k; Fla. Stat. § 559.77 ....

...In determining the appropriate amount, the Court must consider “the frequency and persistence of noncompliance by the debt collector, the nature of such noncompliance, and the extent to, which such noncompliance was intentional....” 15 U.S.C. § 1692k; see also Fla. Stat. § 559.77 (2)....

...Goodin have proven entitlement to $50,000 each for their emotional distress. C. Punitive Damages In addition to statutory and actual damages, the Goodins request ten million dollars in punitive damages under the *1214 FCCPA. 14 (Doc. 100-1 at 21). The Court may award punitive damages under the FCCPA. Fla. Stat. § 559.77 ....

...Furthermore the FCCPA specifies that, in construing its provisions, “due consideration and great weight shall be given to- the interpretations of the Federal Trade Commission and the federal courts relating to the federal Fair Debt Collection Practices Act.” Fla. Stat. § 559.77 (5)....

...urt. Def. Res., pgs. 13-14. Finally, defendant argues that plaintiff brought this action in "bad faith and for the purposes of harassment" so that defendant, not plaintiff, should be awarded fees and costs under 15 U.S.C. *1341 § 1692(k), Fla.Stat. § 559.77(2), and 28 U.S.C....

...imbursable under 28 U.S.C. § 1920 and sufficiently documented in this case. B. Defendant's Motion for Fees and Costs Defendant has moved for attorney's fees and costs in the total amount of $23,252.98 pursuant to 15 U.S.C. § 1692k(a)(3), Fla.Stat. § 559.77(2); F.R.Civ.P....

...Heath of Huey, Guilday, Tucker, Schwartz & Williams, P.A., Tallahassee, for Appellants. PER CURIAM. This case is before the court on an appeal and cross-appeal from a class certification order in an action under the Florida Consumer Collection Practices Act, section 559.77, Florida Statutes, and the Florida Deceptive and Unfair Trade Practices Act, section 501.204, Florida Statutes....

...Whether Southeast Bank judgments may be set aside against each Plaintiff. 3. Whether the interest claimed or awarded Southeast Bank: a. Violates the Federal Trust [sic] In Lending Act, 15 U.S.C.A. 1601 et seq. b. Violates the Florida Consumer Collection Practices Act, F.S. Section 559.77....

...Thus, Plaintiff has adequately alleged that by failing to register to collect debts, it has violated Section 559.553 of the Florida Statutes. Furthermore, the FCCPA allows a court to "provide such equitable relief as it deems necessary or proper." Fla Stat. § 559.77....

...Ass'n Collection Div., 586 F.Supp.2d 1336, 1345 (S.D.Fla. 2008). Therefore, since 28 U.S.C. § 2201 (2006) provides federal courts with the authority to "declare the rights and other legal relations of any interested party seeking such declaration," and because Section 559.77 of the Florida Statutes allows a court to "provide such equitable relief as it deems necessary or proper," Plaintiff has adequately stated a claim for declaratory relief and permanent injunction....

Debt Collection Practices Act.” See Fla. Stat. § 559,77(5). . See Agrelo v. Affinity Mgmt., Servs, LLC

...The relevant part of the FCCPA states “any person who fails to comply with any provision of § 559.72 is liable for actual damages and for additional statutory damages as the court may allow, but not exceeding $1,000, together with court costs and reasonable attorney’s fees incurred by the Plaintiff.” Fla. Stat. § 559.77 (2) (2014)....

...ibility of the witnesses, and determine whether the facts give rise to a violation of FCCPA. Phillips argues that, even if it violated FCCPA, Laughlin has not incurred any damages and, thus, Phillips is entitled to summary judgment. We cannot agree. Section 559.77, Florida Statutes (2002), provides the civil remedies available for violations of the FCCPA. As the Supreme Court determined in Harris, 338 So.2d at 200, by enacting section 559.77, the Legislature intended to authorize actual damages, common-law punitive damages, and minimum statutory damages of $500....

...Laughlin's reputation has been affected. Whether or not this communication was the cause of the loss of her job does not dispose of the issue. Such a showing would only lead to a more concrete calculation of damages. As discussed above, by enacting section 559.77, the Legislature intended to provide statutory damages in an area where the amount of damages are difficult to calculate....

...bt is not legitimate or assert the existence of some other legal right when such person 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. Stat. §§ 559.72 and 559.77(1)....

...d party other than the debt- or’s family if the third party does not have a legitimate business need or if the information is false, id. § 559.72(5). A FCCPA action must be filed within two years after the date the alleged violation occurred. Id. § 559.77(4)....

...the violation occurred). As would many of her FCCPA claims—based on dozens of monthly debt collection statements that CITI sent her beginning in January 2014 despite knowing that she was represented by an attorney. See Fla. Stat. §§ 559.72 (18), 559.77(4) (providing a two-year statute of limitations for these FCCPA claims)....

...Registration Sys., Inc., 618 F.Supp.2d 1356, 1361 (M.D.Fla.2007) (stating, “when applying the provisions of the FCCPA, ‘great weight shall be given to the interpretations of.. .the federal courts relating to the federal Fair Debt Collection Practices Act’ ” (quoting Fla. Stat. § 559.77 (5) (2010)))....

...shall: * * * * * * (10) Use a communication which simulates in any manner legal or judicial process or which gives the appearance of being authorized, issued or approved by a government, governmental agency, or attorney-at-law, when it is not; ..." Section 559.77, Florida Statutes, provides in pertinent part as follows: "(1) A debtor may bring a civil action against a person violating the provisions of this part in the circuit court of the county in which the alleged violator resides or has his...

...section, due consideration and great weight shall be given to the interpretations of the -4- Federal Trade Commission and the federal courts relating to the federal Fair Debt Collection Practices Act." § 559.77(5); see also Kelliher v....

...under this section if the person shows by a preponderance of the evidence that the violation was not intentional and resulted from a bona fide error, notwithstanding the maintenance of procedures reasonably adapted to avoid such error.” Fla. Stat. § 559.77 (3)....

...Additionally, Plaintiff apparently encountered little trouble in reaching Defendant’s representatives and obtaining an explanation for the calls. However, a jury could conclude that Defendant failed to maintain “procedures reasonably adapted to avoid such error,” Fla. Stat. § 559.77 (3), because four months elapsed before the calls finally ceased. 3. Damages Pursuant to Florida Statute 559.77(2), Defendant may be liable for “actual damages” under the FCCPA, which, as Defendant admits, (Defi’s Mot....

...Nat'l Credit Sys., Inc., 531 F.3d 1002, 1007 (9th Cir. 2008). A conclusory declaration that the debt collector maintained procedures to avoid error is insufficient. Id. The FCCPA provides that a debtor may bring a civil action against any person who violates its provisions. Fla. Stat. § 559.77....

...The FCPA also prohibits "willfully engag[ing] in ... conduct which can reasonably be expected to abuse or harass the debtor...." Fla. Stat. § 559.72(7). The FCCPA contains a bona fide error defense substantially similar to 15 U.S.C. § 1692k(c). See Fla. Stat. § 559.77(3)....

...Finally, the FCCPA provides that in construing its provisions, "due consideration and great weight shall be given to the interpretations of the Federal Trade Commission and the federal courts relating to the federal Fair Debt Collection Practices Act." Fla. Stat. § 559.77(5)....

...e debt collector shows by a preponderance of evidence that the violation was not intentional and resulted from a bona fide error notwithstanding the maintenance of procedures reasonably adapted to avoid any such error.") (emphasis added); Fla. Stat. § 559.77(3)....

...Under *702 the FCCPA, each named plaintiff of a class action may be awarded an additional $1,000 in damages and the class may be awarded an additional aggregate amount of $500,000 or 1 percent of defendants’ net worth, whichever is less, but not to exceed $1,000 for each individual class member. Fla. Stat. § 559.77 (2).

...gitimate. See Fla. Stat. *1329 § 559.72 (7), (9). In applying the FCCPA, “due consideration and great weight shall be given to the interpretations of the ... federal courts relating to the federal Fair Debt Collection Practices Act.” Fla. Stat. § 559.77 (5)....

...No appearance for Appellee Ditore Ruibal & Associates, Inc. NORTHCUTT, Judge. Mary Reeves sued Ace Cash Express, Inc., and Ditore Ruibal & Associates, Inc., claiming they violated the Florida Consumer Collection Practices Act ("FCCPA"), specifically section 559.77, Florida Statutes (2002)....

...o preclude arbitration of FDUTPA claims, but we found none. See also Aztec Med. Servs., Inc. v. Burger, 792 So.2d 617, 624 (Fla. 4th DCA 2001); Value Car Sales, Inc. v. Bouton, 608 So.2d 860, 861 (Fla. 5th DCA 1992). Likewise, nothing in the text of section 559.77 evinces a legislative intent to preclude the submission of FCCPA claims to arbitration....

...d, an intentional tort for which punitive damages are generally available. Morton, 931 So.2d at 937-38. The Morton reasoning is equally applicable to a statutory tort, such as the FCCPA, which expressly provides that punitive damages may be awarded. § 559.77(2)....

section 559.72(5), Florida Statutes. According to section 559.77: A debtor may bring a civil action against

...der this section if the person shows by a preponderance of the evidence that the violation was not intentional and resulted from a bona fide error, notwithstanding the maintenance of procedures reasonably adapted to avoid any such error." Fla. Stat. § 559.77(3)....

...North Star also argues that counterclaim plaintiffs have not asserted that any actual damages are attributable to North Star. However, both the FCCPA and the FDCPA provide for both statutory and actual damages. See 15 U.S.C. § 1692k(a)(2)(A); Fla. Stat. § 559.77(2)....

...“Both acts generally apply to the same types of conduct, and Florida courts must give ‘great weight’ to federal interpretations of the FDCPA when interpreting and applying the FCCPA.” Read v. MFP, Inc., 85 So.3d 1151, 1153 (Fla. 2d DCA 2012) (quoting § 559.77(5), Fla....

...The FCCPA provides that in construing its provisions, "due consideration and great weight shall be given to the interpretation of the Federal Trade Commission and the federal courts relating to the [FDCPA]." Bacelli v. MFP, Inc., 2010 WL 2985699 (M.D.Fla.2010), citing Fla. Stat. § 559.77(5)....

...Bayview Loan Servicing, LLC , No. 2:17-cv-00345, 2017 WL 4410040 , at *2 (M.D. Fla. Oct. 4, 2017) ; see also Kelliher v. Target Nat'l Bank, 826 F.Supp.2d 1324 , 1327 (M.D. Fla. 2011) ("The FCCPA provides that '[i]n applying and construing [ Fla. Stat. § 559.77 (5) ], due consideration and great weight shall be given to the interpretations of the Federal Trade Commission and the federal courts relating to the [FDCPA].' ")....

...Runyan never testified that he told Green Tree to stop calling him. . Id. at 40:6-10. . Grant v. Capital Mgmt. Servs., L.P., 449 Fed.Appx. 598 , 600 n. 1 (9th Cir.2011); Lardner v. Diversified Consultants Inc., 17 F.Supp.3d 1215, 1224 (S.D.Fla.2014). . Fla. Stat. § 559.77 (2)....

...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. There is no private right of action to enforce a violation of § 559.715. See Fla. Stat. § 559.77 ....

...The FCCPA instructs that, when applying and construing the FCCPA, “due consideration and great weight” should be “given to the interpretations of the Federal Trade Commission and the federal courts relating to the Federal Fair Debt Collection Practices Act.” Fla. Stat. § 559.77 (5)....

...Viewing the evidence in the light most favorable to Plaintiff, there is no genuine issue of material fact that Defendant did not violate the FDCPA. Following this analysis, Plaintiff also presents no genuine issue of material fact that Defendant violated the FCCPA. Fla. Stat. § 559.77 (5)....

violating” the.statute’s provisions. Fla.' Stat. § 559.77(1). Unless the context indicates otherwise, the

...BACKGROUND On February 5, 2009, the plaintiff, Eric Beeders, filed this action as part of a series of actions in the Hillsborough County Court claiming relief for alleged violation of the Fair Debt Collection Practices Act, 15 U.S.C. § 1692, et seq., and the Florida Consumer Collection Practices Act Fla. Stat. § 559.77, et seq., by the defendant, Gulf Coast Collection Bureau, Inc....

...00 dollars in statutory damages under § 1692k of the FDCPA. The statute provides no numerical limit on the amount appropriate for the actual damages or for the reasonable attorneys' costs. B. FCCPA Claim Plaintiff also seeks relief under Fla. Stat. § 559.77(2) for a violation under § 559.72(7). Subsection (7) prohibits, in relevant part, the willful communication with a debtor or debtor's family member at a frequency that can reasonably be expected to harass. To determine the amount of statutory damages under § 559.77(2), the court must consider the frequency and persistence of the debt collector's non-compliance with the statute, the nature of the non-compliance, and the extent to which the non-compliance was intentional....

...f action for purposes of claim preclusion and should be joined in the same suit as separate counts within the same cause of action. Recovery of statutory damages under the FCCPA is limited to $1,000 per defendant per adverse adjudication. Fla. Stat. § 559.77(2). "Adjudication" refers to a final determination or judgment. [3] To aid in interpretation of § 559.77(2), the statute provides that "[i]n applying and construing this section, due consideration and great weight shall be given to the interpretations of the Federal Trade Commission and the federal courts relating to the Federal Debt Collection Practices Act." § 559.77(5)....

...the Motion. ( See [D.E. 49]). In the Report, Judge Turnoff recommends that Plaintiffs attorney be held liable to BCC for reasonable attorney's fees under 28 U.S.C. § 1927 and that Plaintiff be held liable to BCC for reasonable attorney's fees under Section 559.77, Florida Statutes....

...Under the FCCPA, the statutory language requires imposition of fees against a plaintiff in certain circumstances: "If the court finds that the suit fails to raise a justiciable issue of law or fact, the plaintiff shall be liable for court costs and reasonable attorney's fees incurred by the defendant." Fla. Stat. § 559.77....

...Defendant is seeking $23,439 in attorney's fees (plus interest) from Plaintiff's counsel pursuant to 28 U.S.C. § 1927 (counsel's liability for fees and costs). Defendant is also requesting payment of attorney's fees from Plaintiff pursuant to 15 U.S.C. § 1692k (federal debt collection practices statute), and Fla. Stat. § 559.77 (Florida's consumer collection practices statute)....

...However, there is simply no evidence that Plaintiff personally knew of the lack of merit and that she continued litigating for the purpose of harassment. Accordingly, an award of fees and costs under this statute—15 U.S.C. § 1692k.—is inappropriate. C. Attorney's Fees from Plaintiff Pursuant to Florida Statutes § 559.77 Fla. Stat. § 559.77 allows a debtor to bring a civil action against a person or entity violating the provisions of Fla....

...The relevant portion of the statute at issue states, Civil Remedies. (2) .... If the court finds that the suit fails to raise a justiciable issue of law or fact, the plaintiff shall be liable for court costs and reasonable attorney's fees incurred by the defendant. Fla. Stat. § 559.77 (emphasis added)....

...Upon a careful review of the record, and the district court's prior orders, the undersigned finds that Plaintiff did indeed fail to raise a justiciable issue of law or fact. Accordingly, Plaintiff is liable for court costs and reasonable fees of Defendant under Fla. Stat. § 559.77....

...Consistent with the above and foregoing, the undersigned finds that Plaintiff failed to raise a justiciable issue of law and fact. Accordingly, the undersigned RESPECTFULLY RECOMMENDS that Plaintiff be held liable for Defendant's attorney's fees under Fla. Stat. § 559.77....

...ices Act ("Federal Act") and the Florida Consumer Collection Practices Statute ("Florida Statute") and for alleged defamation of credit. Plaintiffs are seeking not only the statutorily imposed damages but also punitive damages under Florida Statute, section 559.77....

...Finally, Plaintiffs allege that they were denied a home equity loan and lost out on substantial business opportunities because of Defendants' actions. DISCUSSION Under Florida law, the Plaintiff may not assert a claim for punitive damages under Fla. Stat., sec. 559.77 unless they first make a reasonable showing by evidence in the record which would provide a reasonable basis for recovery of such damages....

...In re Lewis, 113 F.3d 1040, 1045 (9th Cir.1997); see 11 U.S.C. §§ 105 , 330; see also Fed. R. Bankr.P.2017. . Id. . In re Lewis, 113 F.3d at 1045 (citing In re Walters, 868 F.2d 665, 668 (4th Cir.1989)). . Fla. Stat. §§ 559.55-559.785 (2010). . Id. at § 559.77(2)....

...523, 537 (S.D.Fla.2001). . 15 U.S.C. § 1692 . In construing the FCCPA, courts are required to give due consideration to federal courts construing similar provisions in the FDCPA. Oppenheim v. I.C. System, Inc., 627 F.3d 833, 839 (11th Cir.2010); Fla. Stat. § 559.77 (5)....

...$2,730 to move by 04/11/14 . The FCCPA therefore states that when a court applies its provisions, "great weight shall be given to the interpretations of ... the federal courts relating to the federal Fair Debt Collection Practices Act.” Fla. Stat. § 559.77 (5).

...s. Erickson was represented by an attorney prior to the filing of this lawsuit. (Doc. No. 69, Ex. A.) . In this Order, the Court interprets the FCCPA provision in the same way as its FDCPA parallel. See Oppenheim, 627 F.3d at 839 (quoting Fla. Stat. § 559.77 (5), "FCCPA specifies that, in construing its provisions, 'due consideration and great weight shall be given to the interpretations of ......

...After approximately a month, when notified by the insurance agency that the premiums had not been paid, Tallahassee Title stopped payment on the check given Dean and issued a new one to the insurance agency. Dean then instituted this suit, pursuant to Section 559.77, Florida Statutes (1979), for violation of Section 559.72....

...g “the existence of some other legal right when such person knows that the right does not exist.” Fla. Stat. § 559.72 (9). Defendants argue that Plaintiff lacks standing to sue under this subsection. (Doc. # 91 at 16-17). Pursuant to Fla. Stat. § 559.77 (1), “[a] debtor” is authorized to bring a civil action to recoyer for violations of Fla....

...It also erred in applying a contingent-fee multiplier of 2.0 that would have been prohibited if the trial court had given “due consideration and great weight” to the civil remedies available under the federal Fair Debt Collection Practices Act (“FDCPA”). See § 559.77(2), (5); 15 U.S.C....

...compensation for Mr. Myers’ attorneys after they had invested substantial time in the lawsuit. This case demonstrates an economic phenomenon that is probably an unintended consequence of a statutory award of attorneys’ fees under a statute like section 559.77(2). 4 Under this statute, if the plaintiff recovers any amount from the jury, the defendant sustains an “adverse adjudication” that triggers the right for the plaintiffs attorneys’ to receive “court costs and reasonable attorney’s fees.” § 559.77(2)....

...As a result, the Florida Legislature expressly requires that courts apply and construe the civil remedies provision in the Florida act with an eye to the federal law. The state law does not mandate that the state courts obey federal precedent. Rather, section 559.77(5) provides that “[i]n applying and construing this section, due consideration and great weight shall be given to the interpretations of the Federal Trade Commission and the federal courts relating to the federal Fair Debt Collection...

...87 , 91 n. 5, 109 S.Ct. 939 , 103 L.Ed.2d 67 (1989)). We conclude that a trial court that relies on this methodology required by the Florida Supreme Court while considering fee awards in similar local federal cases has satisfied its obligation under section 559.77(5), and this court cannot overrule the trial court’s determination as to the lodestar amount absent an abuse of discretion....

...d to a jury for two days. There are no obvious entries of duplicative, excessive, or unnecessary time in this file. C. Deference to federal law sharply limits the trial court’s authority to increase the lodestar amount by a contingency multiplier. Section 559.77 is a fee-shifting statute, which authorizes the trial court to award reasonable attorneys’ fees and costs to the prevailing party....

...le Plaintiffs’ lawyers who would be willing to risk them time in the search for merit in such cases. It is noteworthy that the legislature chose to provide a $1000 statutory damage award that is essentially a penalty for violating the statute. See § 559.77(2)....

...destar hourly rate of $350 would have resulted in a fee of approximately $40,600. . The trial court grants the statutory award of up to $1000 as a matter of course, and thus the statutory damages were not submitted to the jury for determination. See § 559.77(2)....

...offer any proof that Dealer had actual knowledge of the mistake in the lease, an element required under the FCCPA. Customer responded by advising the court that Dealer could only rely on a bona fide error defense if it maintained procedures adapted to try to prevent such an error. See § 559.77(3), Fla....

...2d 616, 616 (Fla. 3d DCA 1997)). Through her discovery requests, Customer sought information as to Dealer’s policies and procedures for complying with the FCCPA and how such policies were implemented. As Customer pointed out to the court at the hearing, section 559.77(3) provides that no person can be held liable under the FCCPA “if the person shows by a preponderance of evidence that the violation was not intentional and resulted from a bona fide error, notwithstanding the maintenance of procedures reasonably adapted to avoid such error.” § 559.77(3), Fla....

...Fair Ass’n, Inc., 385 So. 3d 668, 670 (Fla. 5th DCA 2024). When considering a motion to dismiss, the trial court must look no further than the four corners of the complaint (including the attachments thereto), accept all allegations of the complaint as 1 Section 559.77(1), Florida Statutes, authorizes civil actions for violations of the Florida Consumer Collection Practices Act. See Lab’y Corp. of Am. v. Davis, 339 So. 3d 318, 321 (Fla. 2022). Section 559.77(2) permits a prevailing plaintiff to recover “actual damages” and “additional statutory damages” not exceeding $1,000....

...The trial court referred Regions’ amended motion to compel arbitration to a general magistrate. At the hearing before the general magistrate, Baldwin argued that enforcement of the arbitration clause would prevent him and other potential class members from seeking an express statutory remedy provided by section 559.77(2), and, therefore, the arbitration clause is void. Specifically, Baldwin argued that pursuant to section *1212 559.77(2), if he files his action on an individual basis, his “statutory damages” are capped at $1,000; whereas, if the action is brought as a class action, “statutory damages” are capped at $2,000 for each named plaintiff and class member....

...ionable; 3 rather, he contends that a “generally applicable contract defense” would bar enforcement of the arbitration clause. As stated above, Baldwin asserts that the arbitration clause is void because it would defeat the remedial provision of section 559.77(2) pertaining to the award of “statutory damages.” See McKenzie v....

...orceable: ((1) whether the arbitration clause is void as a matter of law because it defeats the remedial purpose of the applicable statute, or (2) whether the arbitration clause is unconscionable’ ”). As we conclude that Baldwin has misconstrued section 559.77(2) and that the rights of Baldwin and potential class members under the FCCPA are not abridged by the enforcement of the arbitration clause, including the class action waiver, we disagree....

...1st DCA 2007) (quoting Harris v. Beneficial Fin. Co. of Jacksonville, 338 So.2d 196, 200-01 (Fla.1976)) (“[The FCCPA] is a laudable legislative attempt to curb what the Legislature evidently found to be a series of abuses in the area of debtor-creditor relations.”); see also § 559.77(5), Fla. Stat. (2010) (“In applying and construing [section 559.77], due consideration and great weight shall be given to the interpretations of the Federal Trade *1213 Commission and the federal courts relating to the federal Fair Debt Collection Practice Act.”); Mammen v. Bronson & Migliaccio, LLP, 715 F.Supp.2d 1210,1214 (M.D.Fla.2009) (stating that the federal Fair Debt Collection Practice Act, 15 U.S.C. § 1692 , is a remedial statute). The remedial portion of the FCCPA is set forth in section 559.77. Baldwin’s argument focuses on the interpretation of section 559.77(2), which provides as follows: Any person who fails to comply with any provision of s....

...olations of this part. If the court finds that the suit fails to raise a justiciable issue of law or fact, the plaintiff is liable for court costs and reasonable attorney’s fees incurred by the defendant. We disagree with Baldwin’s argument that section 559.77(2) allows' for greater “additional statutory damages” if the claim is brought as a class action. Section 559.77(2) provides that, if the action is filed on an individual basis, a prevailing plaintiff may recover “additional statutory damages” not exceeding $1,000....

...(emphasis added). Therefore, regardless of whether the action is filed on an individual basis or as a class action, the “additional statutory damages” are capped at $1,000. Further, we disagree with Baldwin’s interpretation of the portion of section 559.77(2) that provides that “[t]he court may award punitive damages and may provide such equitable relief as it deems necessary or proper.” Contrary to Baldwin’s assertion, we conclude that this portion of the statute applies equally to claims brought as class actions or on an individual basis....

...1st DCA 2005) (holding that a finding of entitlement to attorney's fees without setting the amount is a non-final, non-appealable ruling). WETHERELL and SWANSON, JJ., concur; THOMAS, J., concurring with written opinion. THOMAS, J., concurring. I concur, but write to acknowledge Appellants' argument that under section 559.77(2), Florida Statutes, the issue of attorney's fees requires a determination of whether Appellants' counterclaim "fail[ed] to raise a justiciable issue of law or fact[.]" § 559.77(2), Fla....

...ial court did not err in dismissing the amended complaint. We affirm. In its amended complaint, KAC sued as the assignee of American Homes' former tenant Johnny Smith,1 seeking statutory damages related to an alleged violation of the FCCPA. See § 559.77 (providing for actual and statutory damages related to any violation of the provisions of section 559.72)....

...during which his common area privileges were considered and eventually suspended. Kelly seeks a declaration that Duggan violated the FCCPA, 2 an injunction against future violations, and statutory damages of $1,000 and other monetary damages under section 559.77(2), Florida Statutes....

...Licko and James L. VanLandingham of Hogan Lovells US, LLP, Miami; and Steven F. Barley of Hogan Lovells US, LLP, Baltimore, Maryland, for Appellees Laboratory Corporation of America and Laboratory Corporation of America Holdings. KHOUZAM, Chief Judge. Patty Davis filed two separate actions under section 559.77(1), Florida Statutes (2014), of the Florida Consumer Collection Practices Act (FCCPA)....

...Florida Department of Financial Services, she is precluded from filing her claims under the FCCPA. For the reasons set forth below, we reverse both dismissals and hold that the WCL does not preclude Davis's claims filed against her workers' compensation medical providers under section 559.77(1) of the FCCPA. Davis was injured in the course of her employment in December 2013 and applied for workers' compensation benefits....

...question or dispute arises after -4- January 1, 1994." § 440.13(11)(c) (emphasis added). On the other hand, the FCCPA creates "a civil action against a person violating the provisions of s. 559.72." § 559.77(1)....

...controls over a statute covering the same and other subjects in more general terms."). Applying this rule, section 440.13(11)(c)'s language eliminating circuit court jurisdiction over "any matters concerning reimbursement" is very general and broad. In contrast, section 559.77(1) creates a private cause of action for violations of section 559.72. Within section 559.72, subsections (5) and (9) prohibit certain debt collection practices -9- with far greater specificity. These collection practices are a small subset of issues that might "concern reimbursement." Because section 559.77(1) thus creates a private cause of action in very specific circumstances, it would constitute an exception to the more general jurisdictional restrictions of section 440.13(11)(c)....

...question of great public importance pursuant to Florida Rule of Appellate Procedure 9.030(a)(2)(A)(v): DOES SECTION 440.13(11)(c) OF THE WORKERS' COMPENSATION LAW PRECLUDE CIRCUIT COURT JURISDICTION OVER CLAIMS UNDER SECTION 559.77(1) OF THE FLORIDA CONSUMER COLLECTION PRACTICES ACT? Reversed and remanded for proceedings consistent with this opinion; question certified. SALARIO, J., Concurs specially. BLACK, J., Diss...

...FCCPA generally governs consumer debt collection practices. Of course this court can only address Ms. Davis's claims and not every potential FCCPA claim. In that respect, this court is not in a position to determine that any and every claim under section 559.77(1) of the FCCPA is precluded by section 440.13(11) of the WCL; nor could the circuit courts so determine....

...The FCCPA provides that in construing its provisions, "due consideration and great weight shall be given to the interpretation of the Federal Trade Commission and the federal courts relating to the [FDCPA]." Bacelli v. MFP, Inc., 2010 WL 2985699 (M.D.Fla. 2010), citing Fla. Stat. § 559.77(5)....

...At trial, Harrington did not establish by a preponderance of the evidence that Round Point's conduct violated this provision. Accordingly, the Rule 52(c) motion is granted as to Count II. An action under the FCCPA "must be commenced within 2 years after the date the alleged violation occurred." § 559.77(4), Fla....

...violation was not intentional and resulted from a bona fide error notwithstanding the maintenance of procedures reasonably adapted to avoid any such error. 15 U.S.C. § 1692k(c). The FCCPA includes an identical bona fide error defense in Fla. Stat. § 559.77 (3), which provides: A person may not be held liable in any action brought under this section if the person shows by a preponderance of the evidence that the violation was not intentional and resulted from a bona fide error, notwithstanding the maintenance of procedures reasonably adapted to avoid such error. Fla. Stat. § 559.77 (3)....

...prohibited debt collection practices. Id. at 1261. The Second District certified the following question to be of great public importance: DOES SECTION 440.13(11)(c) OF THE WORKERS’ COMPENSATION LAW PRECLUDE CIRCUIT COURT JURISDICTION OVER CLAIMS UNDER SECTION 559.77(1) OF THE FLORIDA CONSUMER COLLECTION PRACTICES ACT? Id....

...(Sheridan); and Laboratory Corporation of America and Laboratory Corporation of America Holdings (Labcorp). Thereafter, Sheridan and Labcorp repeatedly billed Davis directly for the medical care that she received. Davis then filed two separate actions against Sheridan and Labcorp under section 559.77(1), Florida Statutes (2014), of the FCCPA....

...The trial courts agreed with Sheridan and Labcorp and dismissed Davis’s FCCPA claims. Davis appealed. In its consolidated opinion, the Second District held that “the WCL does not preclude Davis’s claims filed against her workers’ compensation medical providers under section 559.77(1) of the FCCPA,” reversed both trial court dismissals, and certified to this Court the question -4- of great public importance set forth above....

...Subsection (9) provides that “no person shall . . . [c]laim, attempt, or threaten to enforce a debt when such person knows that the debt is not legitimate, or assert the existence of some other legal right when such person knows that the right does not exist.” Section 559.77 contains provisions authorizing and governing civil remedies for violations of the FCCPA....

...ankruptcy schedules. Because the Agreement was not deemed rejected, the Pause charges that accrued after the petition was filed were post-petition debt that was not discharged in the bankruptcy. 1 Medley also alleged harassment in violation of § 559.77(1) under the FCCPA, but she did not appeal that claim. 5  Case: 18-13841 Date Filed: 05/01/2020 Page: 6 of 21 The district court relied on this threshold finding to grant DISH summary judgment on Medley’s FCCPA claims....

...that she was represented by counsel. To hold a defendant liable, however, both statutes require a plaintiff to establish that the debt collector possessed actual knowledge. In addition, the FCCPA provides for a bona fide error defense. Fla. Stat. § 559.77(3)....

...ankruptcy schedules. Because the Agreement was not deemed rejected, the Pause charges that accrued after the petition was filed were post-petition debt that was not discharged in the bankruptcy. 1 Medley also alleged harassment in violation of § 559.77(1) under the FCCPA, but she did not appeal that claim. 5  Case: 18-13841 Date Filed: 05/01/2020 Page: 6 of 21 The district court relied on this threshold finding to grant DISH summary judgment on Medley’s FCCPA claims....

...that she was represented by counsel. To hold a defendant liable, however, both statutes require a plaintiff to establish that the debt collector possessed actual knowledge. In addition, the FCCPA provides for a bona fide error defense. Fla. Stat. § 559.77(3)....

...Kelly successfully convinced the jury of his entitlement to damages as the result of a false credit report filed by Dr. Salzgeber. The jury also found Dr. Sal-zgeber’s conduct supported an award of punitive damages. Mr. Kelly sought and was awarded attorney’s fees pursuant to section 559.77, Florida Statutes (1995), as a result of the damage award claimed pursuant to section 559.72(7). Dr. Salzgeber contends the language of section 559.77 and the contract between Mr....

...nvolved, complexity of issues, and other factors espoused by the Courts of Florida not limited by the amount in controversy, or the percentage set forth above, but in no instance less than the amount due under Paragraph (1) above [in this case 40%]. Section 559.77 reads, in part, “Upon adverse adjudication, the defendant shall be liable for ......

...See Plaintiffs Motion at 7, 13. Indeed, the Florida legislature requires *1296 courts to give “due consideration and great weight ... to the interpretations of the Federal Trade Commission and the Federal Courts relating to the [FDCPA].” Fla. Stat. § 559.77 (5)....

...(9) Claim, attempt, or threaten to enforce a debt when such person knows that the debt is not legitimate, or assert the existence of some other legal right when such person knows that 'the right does not exist.” Fla. Stat. § 559.72 (9). See also Fla. Stat. § 559.77 (5) (“In applying and construing this section, due consideration and great weight shall be given to the interpretations of the Federal Trade Commission and the federal courts relating to the federal Fair Debt Collection Practices Act.”) (citing 15 U.S.C....

...The Trust also points to language within the FCCPA suggesting that only “debtors” may bring FCCPA claims to recover damages, and KAC is not a “debtor” as defined in the FCCPA. The FCCPA allows a “debtor” to bring a civil action against a person violating the FCCPA. § 559.77(1), Fla....

...It clearly falls into a traditional tort area analogous to a number of traditional torts.” Sibley v. Fulton DeKalb Collection Serv., 677 F.2d 830, 834 (11th Cir. 1982). Florida’s FCCPA is modeled after the FDCPA. Rivernider v. Brough, No. 12-80693-CIV, 2013 WL 5353748, at *7 (S.D. Fla. Sept. 24, 2013); see also § 559.77(5), Fla....

with Davis’ employer. Pursuant to § 559.72(4) and § 559.77(1), Florida Statutes (1975), the trial court awarded

...See Read v. MFP, Inc., 85 So. 3d 1151, 1153 (Fla. 2d DCA 2012) (explaining that both acts apply to the same types of conduct but are not identical). Because of this similarity, interpretations of the FDCPA are useful in interpreting the FCCPA. See § 559.77(5) ("In applying and construing [the FCCPA], due consideration and great weight shall be given to the -2- interpretations of the Federal Trade Commission and the federal courts relating to t...

...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). State law does not mandate that the state courts obey federal precedent. Section 559.77(5) provides that "[i]n applying and construing this section, due consideration and great weight shall be given to the interpretations of the Federal Trade Commission and the federal courts relating to the [FDCPA]." Dish Network Serv., L.L.C....

...-8- debt in violation of section 559.72(9)).5 The Brindises do not claim that U.S. Bank engaged in such untoward tactics. If it had, the legislature has created private causes of action for consumers to recover damages and other relief. See § 559.77....

...than $500. Appellants objected to this instruction because they contended that appellees had violated two provisions of Section 559.72, i. e., sub-paragraphs (4) and (6), and thus they were each entitled to a minimum verdict of $1,000, relying upon Section 559.77(1), Florida Statutes (1975)....

...Though we are fully cognizant that statutes such as Chapter 559 are to be liberally construed in order to effect the purpose for which they were enacted, that does not afford us the opportunity to enlarge upon the remedy authorized by the Legislature. There is no indication in Section 559.77(1) that a debtor bringing suit thereunder is to recover at least $500 for every violation of Section 559.72....

...his appeal. Upon consideration of the petition and appellant’s response we recede from our previous hold *118 ing and deny appellant’s application for attorney’s fees on appeal. This suit was brought under Chapter 559, Florida Statutes (1979). Section 559.77(1) authorizes the allowance of attorney’s fees to the prevailing party....

...erson who made the original disclosure shall reveal upon the request of the debtor within thirty days the details of the dispute to each person to whom disclosure of the debt without notice of the dispute was made within the preceding ninety days. . Section 559.77(1) provides: (1) A debtor may bring a civil action against a person violating the provisions of this part in the circuit court of the county in which the alleged violator resides or has his principal place of business or in the county wherein the alleged violation occurred....

...§ 362(k), (c) an order declaring that ICS violated the Debtors' rights under Florida Statutes section 559.72 (relating to fair debt collection practices), and (d) judgment awarding the Debtors actual damages and statutory damages in the amount of $1,000.00, plus attorneys' fees and costs, pursuant to Florida Statutes section 559.77. In the Motion, the Debtors request summary judgment on all relief addressed in the Complaint other than the determination of damages. At the hearing on the Motion, the Debtors withdrew their requests for relief under sections 559.72 and 559.77 of the Florida Statutes....

...for all claims asserted in Count II. (Doc. #38 at 6-10). The Court will address each argument in turn. 1. Statute of Limitations Under the FCCPA, a debtor must commence a civil action within two years after the date the alleged violation. Fla. Stat. § 559.77 (4)....

...Statutory Damages Under the FCCPA, ‘[a]ny person who fails to comply with any provision of § 559.72 is liable for actual damages and for additional statutory damages as the court may allow, but not exceeding $1,000, together with court costs and reasonable attorney’s fees incurred by the plaintiff.' Fla. Stat. § 559.77 (2)....

...U.S.C. § 227 (c)(5). . In construing the FCCPA, "due consideration and great weight shall be given to the interpretations of the Federal Trade Commission and the federal courts relating to the federal Fair Debt Collection Practices Act." Fla. Stat. § 559.77 (5); see also Groves v....

...Furthermore, the FCCPA specifies that, in construing its provisions, “due consideration and great weight shall be given to the interpretations of the Federal Trade Commission and the federal courts relating to the federal Fair Debt Collection Practices Act.” Fla. Stat. § 559.77(5)....

...In her counterclaim, Ramos asserted two claims arising from CACH’s alleged violation of the notice provision in section 559.715: (1) CACH’s violation of the notice provision constitutes a violation of section 559.72(9) and (2) her entitlement to declaratory and injunctive relief pursuant to sections 559.77 5 and 86.021 6 of the Florida Statutes (2010)....

...ight when such person knows that the right does not exist.” . Jurisdiction is proper. See Equity Residential Prop. Trust v. Yates, 910 So.2d 401 (Fla. 4th DCA 2005); Whigum v. Heilig-Meyers Furniture Inc., 682 So.2d 643, 646 (Fla. 1st DCA 1996). . Section 559.77 states the "[a] debtor may bring a civil action against a person violating the provision of s....

...In doing so, the Court concludes that the evidence regarding Miller's oral revocation of consent is disputed. Accordingly, Miller is not entitled to summary judgment on her TCPA claim. B. FCCPA The FCCPA permits a "debtor" to bring a civil action against a person who violates the statute's provisions. § 559.77(1), Fla....

...The trial court entered a judgment in favor of Banner on the FCCPA issues; however, the court granted a summary final judgment against Banner on the FDUTPA claim. Both sides appealed. We affirmed the-trial court’s judgments in all respects. Each side moved for appellate attorney’s fees. Section 559.77 governs fee entitlement under the FCCPA and section 501.2105 controls fee entitlement under FDUTPA. Banner was awarded fees pursuant to section 559.77(2); defendants were awarded fees under section 501.2105....

...Under the Florida Consumer Collection Practices Act, actual damages and additional statutory damages may be awarded "but not exceeding $1,000, • together with court costs and reasonable attorney’s fees incurred by the plaintiff.” Fla. Stát. § 559.77(2) (emphasis added)....

$1,000.00 in statutory damages pursuant to section 559.77(2), Florida Statutes (2019); injunctive relief