HELP -- lack jurisdiction?

I'm not a lawyer, but the F.S. 48.193 seems to make a case FOR jurisdiction. Maybe someone else has another take on it. As per the FDCPA:

§ 813. Civil liability [15 USC 1692k]

(a) Except as otherwise provided by this section, any debt collector
who fails to comply with any provision of this title with respect to any
person is liable to such person in an amount equal to the sum of --

(1) any actual damage sustained by such person as a result of
such failure;

(2) (A) in the case of any action by an individual, such
additional damages as the court may allow, but not exceeding
$1,000; or

(B) in the case of a class action, (i) such amount for
each named plaintiff as could be recovered under
subparagraph (A), and (ii) such amount as the court
may allow for all other class members, without
regard to a minimum individual recovery, not to
exceed the lesser of $500,000 or 1 per centum of
the net worth of the debt collector; and

(3) in the case of any successful action to enforce the
foregoing liability, the costs of the action, together with a
reasonable attorney's fee as determined by the court. On a
finding by the court that an action under this section was
brought in bad faith and for the purpose of harassment, the
court may award to the defendant attorney's fees reasonable in
relation to the work expended and costs.

(b) In determining the amount of liability in any action under subsection
(a), the court shall consider, among other relevant factors --

(1) in any individual action under subsection (a)(2)(A), the
frequency and persistence of noncompliance by the debt
collector, the nature of such noncompliance, and the extent to
which such noncompliance was intentional; or

(2) in any class action under subsection (a)(2)(B), the
frequency and persistence of noncompliance by the debt
collector, the nature of such noncompliance, the resources of
the debt collector, the number of persons adversely affected,
and the extent to which the debt collector's noncompliance
was intentional.

(c) A debt collector may not be held liable in any action brought under
this title if the debt collector shows by a preponderance of evidence that
the violation was not intentional and resulted from a bona fide error
notwithstanding the maintenance of procedures reasonably adapted to
avoid any such error.

(d) An action to enforce any liability created by this title may be brought
in any appropriate United States district court without regard to the
amount in controversy, or in any other court of competent jurisdiction,
within one year from the date on which the violation occurs.

(e) No provision of this section imposing any liability shall apply to any
act done or omitted in good faith in conformity with any advisory
opinion of the Commission, notwithstanding that after such act or
omission has occurred, such opinion is amended, rescinded, or
determined by judicial or other authority to be invalid for any reason.

Gib

 

YOU GET "HOME COURT ADVANTAGE"

 

I'm struggling with this same issue, although different states involved. I may dismiss myself and file in Federal court.

But, I THINK one of the main things you need to prove is that you were/are damanged in the state you live in. For example - where you lived when they did the violations. And your state must have specific laws regarding jurisdiction.

However, don't take my word for it - this is something that needs to be researched. I'll share anything I find out with you - feel free to email me.

Mommy2cats

 

Here are the pertinent references from the FDCPA

SECTION 813 -- CIVIL LIABILITY
Section 813  (A) imposes civil liability in the form of (1) actual damages, (2) discretionary penalties, and (3) costs and attorney's fees; (B) discusses relevant factors a court should consider in assessing damages; (C) exculpates a collector who maintains reasonable procedures from liability for an unintentional error; (D) permits actions to be brought in federal or state courts within one year from the violation; and (E) shields a defendant who relies on an advisory opinion of the Commission.
1. Employee liability. Since the employees of a debt collection agency are "debt collectors," they are liable for violations to the same extent as the agency.
2. Damages. The courts have awarded "actual damages" for FDCPA violations that were not just out-of-pocket expenses, but included damages for personal humiliation, embarrassment, mental anguish, or emotional distress.
3. Application of statute of limitation period. The section's one-year statute of limitations applies only to private lawsuits, not to actions brought by a government agency.


SECTION 816 -- RELATIONS TO STATE LAWS
Section 816 provides that the FDCPA pre-empts state laws only to the extent that those laws are inconsistent with any provision of the FDCPA, and then only to the extent of the inconsistency. A state law is not inconsistent if it gives consumers greater protection than the FDCPA.
1. Inconsistent laws. Where a state law provides protection to the consumer equal to, or greater than, the FDCPA, it is not pre-empted by the federal statute.

 

The problem is that these judges know about as much as the CA's do. In my opinion many of them should be making $8.50 per hr. too.

 

they're going to argue that it should be a US District issue and they'll hope that the idea of getting a lawyer to file it there will make you go away. Go in and argue as well as you can and see what happens...

Then... if it gets dismissed file it in US District.. then they'll likely back down. they're trying to intimidate and stall you.

Do you have actual damages? that helps...