Law360: How to Defend Represented Debtor Lawsuits Under Fla. Law
In an article published by Law360 on March 16, 2016, David A. Elliott and Christina Olivos discuss the Florida Consumer Collection Practices Act (FCCPA) and how to defend represented debtor lawsuits in Florida.
The FCCPA prohibits creditors from engaging in "deceptive, unfair or abusive" practices to collect debts. The article provides insight into the right of action under the FCCPA, and the defenses that can be used against debtor lawsuits. These defenses include lack of actual knowledge, loss mitigation and informational communications, truth in lending act preemption and the bona fide error defense. Elliott and Olivos also discuss defensive tactics such as pre-suit measures, arbitration agreements or jury waivers, bankruptcy ramifications, counterclaims, motions for summary disposition or summary judgment, and discovery.
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