Friday, August 5, 2016

Debt Obligation from Tort Damages is Not a “Consumer Debt” under FDCPA

The Eleventh Circuit Court of Appeals affirmed the district court’s decision that the plaintiff’s complaint failed to state a claim under either the Fair Debt Collection Practices Act or the Florida Consumer Collection Practices Act because the debt the collection agency sought to collect did not arise from a consensual “consumer” transaction but, instead, arose from the negligent conduct of the plaintiff’s sister in an automobile accident.

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