Legal Topics

Consumer law — Debt collection — Eviction notice 

Jan 26th, 2024 in by admin

Consumer law — Debt collection — Eviction notice — Action alleging that landlord violated Florida Consumer Collection Practices Act by posting outward-facing three-day eviction notice on door of leased premises is dismissed — Posting was required by Florida Residential Landlord and Tenant Act and is protected by litigation privilege — Even if litigation privilege applied, plaintiff, a limited liability company to which tenant assigned his statutory rights, lacked standing where plaintiff did not allege that it is “debtor” under FCCPA or owes any debt to landlord — Further, assignment to plaintiff was invalid under Florida law, as purely personal claims cannot be assigned — Even if plaintiff has standing, complaint failed to state causes of action under sections 559.72(5) and (14) where there was no allegation that information on notice was disclosed to any person other than tenant and his family or that tenant’s name was posted before the general public