Below Is a Selection of Some of Our Reported Decisions

Bank of America v.
Consumer

Bank of America v. Consumer, 18 Fla. L. Weekly Supp. 487a (Fla. Hills. County Ct. Feb. 24, 2011). The court granted consumer’s request for attorney’s fee incurred defending against claim for an unpaid credit card.

Unifund CCR Partners v.
Consumer

Unifund CCR Partners v. Consumer, 18 Fla. L. Weekly Supp. 479a (Fla. Hills. County Ct. Mar. 4, 2011). The consumer defeated collector’s lawsuit for unpaid credit card charges, and the court ordered collector to pay the consumer’s attorney’s fees totaling $8,607.50.

Worldwide Asset
Purchasing v. Consumer

Worldwide Asset Purchasing v. Consumer, 17 Fla. L. Weekly Supp. 1248a (Fla. Hills. County Ct. Sept. 14, 2010). In a credit card defense case, the court rejected the collector’s argument that the consumer should not be awarded fees because Arizona law, which controlled the action, did not provide attorney’s fees, and granted the consumer’s request for attorney’s fees.

CACH v. Consumer

CACH v. Consumer, 17 Fla. L. Weekly Supp. 267a (Fla. 6th. Cir. Ct. Dec. 10, 2009). The court granted judgment in favor of the consumer for successful defense of a $39,404.94 arbitration award for an unpaid credit card balance.

Unifund CCR Partners v.
Consumer

Unifund CCR Partners v. Consumer, 18 Fla. L. Weekly Supp. 94b (Fla. Hills. County Ct. Aug. 26, 2010). The collector obtained a default judgment against the consumer on a $249 credit card debt and began garnishing the consumer’s wages. After the consumer successfully vacated the judgment, the court ordered the collector to return the garnished funds to the consumer.

Consumer v. Smith,
Dean & Associates, Inc.

Consumer v. Smith, Dean & Associates, No. 10-CC-26799 (Fla. Hills. County Ct. Dec. 10, 2012). The consumer sued the collector for collection harassment, and the court granted judgment in favor of the consumer for $31,950.00.

Consumer v. Portfolio
Recovery Associates, LLC

Consumer v. Portfolio Recovery Associates, No. 10-cv-2399 (M.D. Fla. Jan. 24, 2011). The consumer sued the debt collector for harassing phone calls. The collector tried to get the case dismissed arguing that the TCPA does not apply to collectors, but the court ruled in favor of the consumer and let the case proceed. OR The court denied the debt collector’s motion to dismiss the consumer’s TCPA claims on grounds that the TCPA only applies to telemarketers and not debt collectors.

Equable Assent Financial,
LLC v. Consumer

Equable Assent Financial v. Consumer, No. 11-SC-1171 (Fla. Pasco County Ct. Jul. 21, 2011). The court granted the consumer’s motion and dismissed the complaint filed against the consumer for an unpaid credit card debt.

Consumer v.
Bank of America

Consumer v. Bank of America, 18 Fla. L. Weekly Supp. 684a (Fla. Hills. County Ct. May 12, 2011). The consumer sued Bank of America for collection harassment. Bank of America asked the court to dismiss the case arguing that the FCCPA only applies to collectors and not creditors. The court ruled in favor of the consumer finding that the FCCPA applies to any person collecting a debt, and denied Bank of America’s request for attorney’s fees.

Consumer v. NPRTO Fla.

Consumer v. NPRTO Fla., 322 F. Supp. 3d 1261 (M.D. Fla. 2017)
In collection harassment case, the collector tried to force the consumer out of court and to arbitration. The court ruled in favor of the consumer and denied the collector’s motion to compel arbitration.

Consumer v. Superior
Recovery Services

Consumer v. Superior Recovery Services, 18 Fla. L. Weekly Supp. 485a (Fla. County Ct. Feb. 25, 2011). Court awarded consumer $5,380.99 for collector’s violations of the Florida Consumer Collection Practices Act.

Consumer v. Oxford Law LLC

Consumer v. Oxford Law LLC, No. 8:15-cv-2211 (M.D. Fla. Apr. 22, 2016).
After ordering the collector to pay the consumer $1,000 in statutory damages for collection harassment, the court ordered the collector to also pay the consumer’s attorney’s fees and costs.

Consumer v. Featured Mediation

Consumer v. Featured Mediation, No: 8:16-cv-3259 (M.D. Fla. Jun. 8, 2017). After ordering the collector to pay the consumer $1,500 in statutory damages for collection harassment, the court ordered the collector to pay the consumer’s attorney’s fees and costs.

Consumer v. NPRTO Fla.

Consumer v. NPRTO Fla., No. 18-10188 (11th Cir. Jul. 26, 2018).
In collection harassment case, the collector lost a motion to compel arbitration in the district court. The collector appealed the decision to the Eleventh Circuit Court of Appeals. The Eleventh Circuit Court of Appeals ruled against the collector and affirmed the district court’s ruling.

Consumer v. Global Services Group

Consumer v. Global Services Group, No. 8:18-cv-1546 (M.D. Fla. Oct. 12, 2018).
After ordering the collector to pay the consumer $5,500 in statutory damages for collection harassment, the court ordered the collector to also pay the consumer’s attorney’s fees and costs.

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