CONSUMER LAW: TRIAL COURT ERRED BY DISMISSING COMPLAINT UNDER FLORIDA CONSUMER COLLECTION PRACTICES ACT (FCCPA) ON THE GROUND THAT BANK WAS ATTEMPTING TO ENFORCE SECURITY INTEREST RATHER THAN COLLECT A DEBT: FCCPA APPLIES TO BANKS  

Gann v. BAC Home Loans Servicing LP, ___ So. 3d ___, 39 Fla. L. Weekly D1736 (Fla. 2d DCA August 15, 2014)

The plaintiff sued the defendant under the Florida Consumer Collection Practices Act (FCCPA) for continuing to try to collect on the original mortgage after agreeing to modify it.  The trial court erred by dismissing the plaintiff’s complaint based … Click To Read Full Case Law Review...

CONSUMER LAW: FLORIDA DECEPTIVE AND UNFAIR TRADE PRACTICES ACT (FDUTPA): DEPARTMENT OF LEGAL AFFAIRS HAD STANDING TO ACT AS ENFORCING AUTHORITY BECAUSE STATE ATTORNEY DEFERRED LITIGATION AGAINST DEFENDANTS TO DEPARTMENT: STATUTE OF LIMITATIONS APPLIED ONLY TO ALLEGATIONS OF MISCONDUCT OCCURRING MORE THAN FOUR YEARS BEFORE COMPLAINT WAS FILED: ADDING COST OF CREDIT LIFE AND CREDIT DISABILITY INSURANCE TO MONTHLY PAYMENTS WITHOUT DISCLOSURE IS NOT REDRESSABLE UNDER FDUTPA BECAUSE THESE ACTIVITIES ARE REGULATED BY THE OFFICE OF INSURANCE REGULATION OR THE DEPARTMENT OF FINANCIAL SERVICES, AND THESE ALLEGATIONS WERE CONTRADICTED BY DOCUMENTS ATTACHED TO COMPLAINT: CIVIL PROCEDURE: A COMPLAINT IS SUBJECT TO DISMISSAL IF A CLAIM IS NEGATED BY AN EXHIBIT: INSTALLING GPS TRACKING DEVICES WITHOUT NOTIFICATION TO PURCHASER VIOLATES FDUTPA: RES JUDICATA MAY NOT BE RAISED BY MOTION TO DISMISS UNLESS ITS APPLICABILITY IS APPARENT ON THE FACE OF THE PLEADINGS: AMBIGUITY REGARDING REFUNDABILITY OF DEPOSIT OR MISLEADING CUSTOMERS TO BELIEVE DEPOSIT WAS REFUNDABLE VIOLATES FDUTPA: DEPARTMENT OF LEGAL AFFAIRS COULD NOT RELY ON APPEAL UPON STATUTORY PROVISION IT DID NOT RELY UPON IN TRIAL COURT: USE OF THREATS OR FORCE TO COLLECT DEBTS VIOLATES FDUTPA: ERROR TO DISMISS CLAIM BASED UPON WITHDRAWN MOTION TO DISMISS: ENGAGING IN THE BUSINESS OF RETAIL INSTALLMENT SALES OF MOTOR VEHICLES WITHOUT A LICENSE IN NOT ACTIONABLE UNLESS THE VIOLATION CAUSES ACTUAL DAMAGES TO CONSUMERS

Department of Legal Affairs v. Beach Boulevard Automotive, Inc., ___ So. 3d ___, 39 Fla. L. Weekly D1023 (Fla. 1st DCA May 19, 2014)

In this case, the appellate court reviewed the dismissal with prejudice of an amended complaint filed by the Department of Legal Affairs against a motor vehicle dealer for violations of the Florida Deceptive and Unfair … Click To Read Full Case Law Review...

CONSUMER LAW: FAIR DEBT COLLECTION PRACTICES ACT: FLORIDA CONSUMER COLLECTION PRACTICES ACT: ATTORNEY’S FEES; FLORIDA BAR: GRIEVANCE: IMMUNITY: APPEALS: CERTIORARI: ABSENCE OF HEARING TRANSCRIPT

Kass Shuler, P.A. v. Barchard, ___ So. 3d ___, 38 Fla. L. Weekly D1807 (Fla. 2d DCA August 23, 2013)

The plaintiff (who was named as a defendant in a mortgage foreclosure) sued the defendant (the law firm representing the foreclosing party) in county court for violations of the Fair Debt Collection Practices Act, 15 U.S.C. § 1692, and the … Click To Read Full Case Law Review...

REAL ESTATE: MORTGAGE FORECLOSURE; CIVIL PROCEDURE: CLASS ACTIONS: CERTIFICATION: TYPICALITY: FAILURE TO PAY REINSTATEMENT CHARGES; CONSUMER LAW: FLORIDA DECEPTIVE AND UNFAIR TRADE PRACTICES ACT (FDUTPA): ACTION AGAINST LAW FIRM REPRESENTING LENDERS IN FORECLOSURE CASES: FLORIDA CONSUMER COLLECTION PRACTICES ACT (FCCPA) CLAIM

The Law Offices of David J. Stern, P.A. v. Hewitt, ___ So. 3d ___, 38 Fla. L. Weekly D106 (Fla. 4th DCA January 9, 2013)

The appellate court affirmed an order certifying a class action against a law firm that represented lenders in mortgage foreclosure cases.  The class representative’s claim was not atypical “because he did not pay any … Click To Read Full Case Law Review...

ARBITRATION: CONSUMER LAW: FLORIDA CONSUMER COLLECTION PRACTICES ACT (FCCPA): ADDITIONAL STATUTORY DAMAGES CAPPED AT $1,000 REGARDLESS WHETHER THE CLAIM IS BROUGHT ON BEHALF OF AN INDIVIDUAL OR AS A CLASS ACTION

Baldwin v. Regions Financial Corporation, ___ So. 3d ___, 37 Fla. L. Weekly D2238 (Fla. 3d DCA September 19, 2012)

The plaintiff filed a class action against the defendant for violation of the Florida Consumer Collection Practices Act (FCCPA).  The trial court granted the defendant’s motion to compel arbitration, and the appellate court affirmed.  Contrary to the plaintiff’s assertion, arbitration … Click To Read Full Case Law Review...