§Why CasetextPricing

Miller v. Ginny's Inc.

MOTION for summary judgment

22 Cited authorities

  1. Davis v. Williams

    451 F.3d 759 (11th Cir. 2006)   Cited 585 times
    Holding that, on consideration of a motion for summary judgment, "courts must construe the facts and draw all inferences in the light most favorable to the nonmoving party"

  2. Miccosukee Tribe v. U.S.

    516 F.3d 1235 (11th Cir. 2008)   Cited 412 times
    Concluding that, even if ambiguous, the EPA was "obliged under FOIA to interpret [requests] ... liberally in favor of disclosure"

  3. In re Walker

    48 F.3d 1161 (11th Cir. 1995)   Cited 373 times
    Holding that § 523's "willful" injury component requires a creditor to show that the debtor committed "an intentional act the purpose of which is to cause injury or which is substantially certain to cause injury"

  4. Jeter v. Credit Bureau, Inc.

    760 F.2d 1168 (11th Cir. 1985)   Cited 436 times   3 Legal Analyses
    Holding that threat of legal action if debt not paid does not harass or abuse the debtor

  5. Osorio v. State Farm Bank

    746 F.3d 1242 (11th Cir. 2014)   Cited 186 times   33 Legal Analyses
    Holding that summary judgment was inappropriate because the plaintiff said he told the caller to "stop calling," and the caller said the plaintiff never said such a thing

  6. Cliff v. Payco General Am. Credits, Inc.

    363 F.3d 1113 (11th Cir. 2004)   Cited 194 times
    Holding that an amended complaint expanding the class action to assert a nation-wide class did not relate back under Rule 15(c) to the initial complaint, which asserted only a statewide class

  7. Tucker v. CBE Group, Inc.

    710 F. Supp. 2d 1301 (M.D. Fla. 2010)   Cited 86 times   1 Legal Analyses
    Holding that the plaintiff failed to establish a violation of Section 1692d because "[t]he evidence demonstrates that [the defendant] placed each of its telephone calls with an intent to reach [the debtor] rather than an intent to harass Plaintiff."

  8. Waite v. Financial Recovery Services, Inc.

    CASE NO: 8:09-cv-02336-T-33AEP (M.D. Fla. Dec. 16, 2010)   Cited 20 times
    Holding pattern of calls was insufficient where there was no indication that the plaintiff ever confirmed or disputed the debt, or asked the defendant to stop calling

  9. Story v. J.M. Fields, Inc.

    343 So. 2d 675 (Fla. Dist. Ct. App. 1977)   Cited 38 times
    Holding 100 calls over five months, where calls came almost daily and sometimes two or three times per day, continuing after defendant was told to quit calling, presented a jury question

  10. Brzezinski v. Vital Recovery Services, Inc.

    Case No. 05-C-1020 (E.D. Wis. Jul. 12, 2006)

    Case No. 05-C-1020. July 12, 2006 DECISION AND ORDER ON DEFENDANT'S MOTION FOR SUMMARY JUDGMENT WILLIAM CALLAHAN JR., Magistrate Judge I. PROCEDURAL BACKGROUND This action was commenced on September 21, 2005, when the plaintiff, Theodore Brzezinski ("Brzezinski"), filed a complaint against defendant Vital Recovery Services, Inc. ("Vital") claiming that in December 2004 Vital sent him a debt collection letter the text of which violated the provisions of the Fair Debt Collection Practices Act (FDCPA)

  11. Rule 56 - Summary Judgment

    Fed. R. Civ. P. 56   Cited 328,736 times   158 Legal Analyses
    Holding a party may move for summary judgment on any part of any claim or defense in the lawsuit

  12. Section 1692 - Congressional findings and declaration of purpose

    15 U.S.C. § 1692   Cited 14,998 times   139 Legal Analyses
    Finding that abusive debt-collection practices lead to "personal bankruptcies," "marital instability," "loss of jobs," and "invasions of individual privacy"

  13. Section 227 - Restrictions on use of telephone equipment

    47 U.S.C. § 227   Cited 5,663 times   733 Legal Analyses
    Granting exclusive jurisdiction to federal courts over actions brought by state attorney generals

  14. Section 1692d - Harassment or abuse

    15 U.S.C. § 1692d   Cited 1,901 times   22 Legal Analyses
    Limiting debt collectors’ ability to use threats of violence, publicize lists of consumers allegedly refusing to pay debts, cause a telephone to ring repeatedly or continuously, or engage someone in telephone conversation repeatedly or continuously

  15. Section 1692c - Communication in connection with debt collection

    15 U.S.C. § 1692c   Cited 1,632 times   51 Legal Analyses
    Regulating communications with consumers

  16. Section 501.201 - Short title

    Fla. Stat. § 501.201   Cited 972 times   8 Legal Analyses

    This part shall be known and may be cited as the "Florida Deceptive and Unfair Trade Practices Act." Fla. Stat. § 501.201 s. 1, ch. 73-124.

  17. Section 559.72 - Prohibited practices generally

    Fla. Stat. § 559.72   Cited 467 times   7 Legal Analyses
    Prohibiting an "attempt ... to enforce a debt when [the debt collector] knows that the debt is not legitimate"

  18. Section 559.55 - Definitions

    Fla. Stat. § 559.55   Cited 329 times   7 Legal Analyses
    Including "debtor" in the same definition

  19. Section 559.77 - Civil remedies

    Fla. Stat. § 559.77   Cited 251 times   9 Legal Analyses
    Establishing a two-year statute of limitations for claims under the FCCPA

  20. Section 559.552 - Relationship of state and federal law

    Fla. Stat. § 559.552   Cited 23 times   3 Legal Analyses

    Nothing in this part shall be construed to limit or restrict the continued applicability of the federal Fair Debt Collection Practices Act to consumer collection practices in this state. This part is in addition to the requirements and regulations of the federal act. In the event of any inconsistency between any provision of this part and any provision of the federal act, the provision which is more protective of the consumer or debtor shall prevail. Fla. Stat. § 559.552 ss.5, 13, ch. 93-275.