Carlyne Desir v. Andreu, Palma, Lavin & Solis, PLLC, et al.

Summary

The United States District Court for the Middle District of Florida grants the defendants’ motion for summary judgment in Carlyne Desir’s action alleging Fair Debt Collection Practices Act violations and fraudulent misrepresentation. The court concludes that the defendants’ conduct complied with the FDCPA and that Desir presented no competent evidence supporting her fraud claims. The court denies Desir’s motion for summary judgment but permits her to amend the complaint to assert a new statutory or common-law claim, excluding the dismissed claims.

Holdings

1. Defendants were entitled to summary judgment on the FDCPA claims because Desir presented no evidence that the law firm or its attorneys qualified as debt collectors under 15 U.S.C. § 1692a(6), and the undisputed evidence showed conduct complying with the FDCPA's validation and cease-communication requirements.
2. Defendants were entitled to summary judgment on Desir's fraudulent misrepresentation claims because she submitted no competent evidence that any defendant falsely stated a material fact.
3. Desir could not properly assert a new statutory or common-law claim in her response to defendants' summary-judgment motion.

Questions Presented

1. Whether defendants were entitled to summary judgment on Desir's FDCPA claims because the record did not establish that the firm or its attorneys were debt collectors or engaged in conduct prohibited by the statute.
2. Whether defendants were entitled to summary judgment on Desir's fraudulent misrepresentation claims because she presented no competent evidence of a false statement of material fact.
3. Whether Desir could assert new statutory or common-law claims for the first time in response to defendants' summary-judgment motion.

Disposition

other