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ARTICLE · 02 MARCH 2015

UDAAP Council Weekly UDAAP Standards Report - 2/25/2015

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Every week, courts around the United States issue decisions addressing aspects of civil UDAAP claims.

United StatesConsumer Protection
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Every week, courts around the United States issue decisions addressing aspects of civil UDAAP claims. In an effort to illuminate the UDAAP standards, below is a sampling of some of this week's UDAAP decisions on the meaning of unfair, deceptive, and abusive.

Unfair

  • Debtors adequately stated a claim under the Florida Consumer Collection Practices Act (FCCPA) for alleged unfair and abusive debt collection practices by a timeshare creditor and its debt collector agent. The defendants moved to dismiss the complaint for failing to adequately allege abusive or harassing behavior. The court held that the frequency of defendants' calls from an automatic dialing system (averaging 2.5 calls a day), coupled with debtors' requests to cease communications, was sufficient to state a claim. Mangiaracina v. Orange Lake Country Club, Inc., United States District Court for the Middle District of Florida.

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