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June 2018

Gordon & Rees Miami Team Wins Dismissal with Prejudice of FDCPA Class Action

Gordon Rees Scully Mansukhani Miami partner Joseph Sacher, senior counsel Capri Trigo and associate Andrew Schindler obtained an Order Granting Motion to Dismiss, with prejudice, and simultaneous judgment in favor of the defendant, arising from an attempted class action for alleged violations of the Fair Debt Collection Practices Act, 15 U.S.C. 1692 (“FDCPA”).  The Miami team secured the dismissal and judgment less than four months from the filing of the action.

The two count lawsuit asserted that the defendant debt collector engaged in an act or omission prohibited by the FDCPA and, in doing so, also engaged in false, deceptive, and misleading means in connection with the attempted collection of a debt.  The claims were based on a form letter used by the debt collector, which the plaintiff claimed to be in violation of the FDCPA, and that did not satisfy the “least sophisticated consumer” standard.

The U.S. District Court for the Southern District of Florida granted the defendant’s Motion to Dismiss, finding that, as a matter of law, the letter was not confusing to the least sophisticated consumer and that the letter complied with the FDCA.  In doing so, the court also noted that any amendment would be futile. 

The plaintiffs' bar has brought similar claims in multiple jurisdictions outside of Florida based on similar grounds.  The client was thrilled that Gordon & Rees created new and favorable precedent in Florida that will be useful in defending similar actions in the future. 

Joseph A. Sacher
Andrew R. Schindler
Capri Trigo