Legal Topics

Consumer law — Debt collection — Credit card — Account stated

Jun 26th, 2022 in by admin

Consumer law — Debt collection — Credit card — Account stated — Affirmative defense alleging failure to provide notice of assignment required by Florida Consumer Collection Practices Act is legally insufficient — Such notice is not condition precedent to suit to collect assigned debt — Defense alleging claim for account stated to collect credit card debt is disallowed because it improperly circumvents Regulation Z and is legally insufficient — Defense that plaintiff failed to register as consumer collection agency is disproved — Statute of limitations defense fails where suit for account stated was filed within four years of closing date of account statement — Defense that account stated claim is precluded by existence of express credit card agreement is legally insufficient