Tampa, FL
Litigation Lawyer at Tampa, FL
Practice Areas: Litigation, Debt Collection ... +2 more
OUTCOME: Consumer won. Debt collector lost.
Debt collector alleged that consumer owed a debt. Consumer claimed that debt collector attempted to collect the debt by harassing consumer. Debt collector had to pay consumer and pay his attorney.
OUTCOME: Consumer won. Debt collector lost.
Debt Collector alleged that Consumer owed a debt. Consumer Disputed and sued debt collector for harassment. Consumer won. Debt collector had to pay consumers attorney fees.
OUTCOME: Collector's motion compel Arbitration denied.
Arbitration clause contained in credit card agreement did not apply to Consumer Collection Harassment case brought by the Debtor. Motion to dismiss and compel Arbitration denied.
OUTCOME: bank's Motion denied
Court finds Florida Consumer Collection Practices Act is applicable to any person attempting to collect consumer debt irrespective of whether they are collecting own debt or debt owed to another. Wher ... e it is undisputed that defendant, a foreign corporation, has agents and representatives in Hillsborough County, venue is proper in that county, even if the consumer does not live in that county. In action solely arising from violations of FCCPA, claimant is not liable for attorney's fees where the action was not brought in bad faith for the purpose of harassment.
OUTCOME: Judgment for Consumer
Collector sued consumer for a $250 debt. Consumer won, and collector had to pay consumer's attorney fees
OUTCOME: Collector's Motion denied
Defendant filed a Motion to Dismiss, contending that the TCPA exempts debt collectors from its purview, citing Bates v. I.C. Sys., Inc., 2009 WL 3459740 (W.D.N.Y. Oct. 2009); Meadows v. Franklin Collec ... tion Serv., Inc., 2010 WL 265048 (N.D. Ala. 2010) and TSA Stores, Inc. v. Florida Dep;t of Agric. & Consumer Servs., 957 So. 2d 25, 27 (Fla. Dist. Ct. App. 2007). Rejecting Defendants' argument, the court held that Bates denied a motion to dismiss, ruling that the plaintiff's complaint stated a claim for relief under the TCPA and Meadows dealt with a motion for summary judgment, which the court characterized as "far different from a motion to dismiss."
OUTCOME: Judgment for consumer
Collector sued Consumer. Consumer won and was awarded attorney's fees
OUTCOME: Judgment for consumer
Debt collector brought consumer to court, seeking collection of an alleged $30,000 debt arising from a credit card transaction. The Court granted summary judgment in favor of the consumer, debt col ... lector recovered nothing and later paid all of the consumer's attorney fees.
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