Legal Topics

Consumer law — Debt collection — Landlord-tenant — Action brought under Florida Consumer Collection Practices Act

Aug 03rd, 2018 in News by admin

Consumer law — Debt collection — Landlord-tenant — Action brought under Florida Consumer Collection Practices Act alleging defendant engaged in illegal debt collection by demanding rent monies in a three-day eviction notice when plaintiff was actually current on her financial obligations to the defendants — Motion to dismiss on ground that defendants, an apartment owner and property management company, were not debt collectors under Federal Fair Debt Collection Practices Act is denied — Unlike federal Act, FCCPA applies to all persons attempting to collect a consumer debt, not just “debt collectors” — Nothing in FCCPA supports argument that rent is not a consumer debt, and nothing in Landlord-Tenant Act indicates that remedies provided therein are the exclusive remedies available to a tenant