Legal Topics

Consumer law — Debt collection

Jun 30th, 2017 in News by admin

Florida Consumer Collection Practices Act — Affirmative defenses alleging that FCCPA violation is compulsory counterclaim in foreclosure case, that FCCPA complaint should be barred for failure to plead

concrete and particularized harm, that plaintiff failed to mitigate damages, and that FCCPA complaint is barred because debt is legitimate debt are stricken — No merit to argument that court cannot strike affirmative defenses unless they are redundant, immaterial, impertinent or scandalous