Read v. MFP, Inc.
85 So. 3d 1151
Fla. Dist. Ct. App.2012Background
- Read seeks review of a judgment on the pleadings in favor of MFP under the FCCPA.
- Read alleged two voicemail messages left by MFP did not identify the caller as debt collectors.
- Read claimed FCCPA violations for failure to provide meaningful disclosure of identity (559.72(7)) and for asserting nonexistent rights (559.72(9)).
- Trial court held no FCCPA identity disclosure obligation existed and entered judgment for MFP.
- Court recognizes FDCPA and FCCPA interplay but requires explicit FCCPA violation; 559.72(15) controls disclosure upon request; plaintiff cannot rely on FDCPA provisions.
- Court affirms the judgment, holding Read failed to state a valid FCCPA claim and cannot prevail on the asserted theories.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether FCCPA requires identifying disclosure in messages | Read relies on §§559.72(7)/(9) for disclosure. | MFP argues 559.72(15) governs and no request for ID was made. | No FCCPA violation; 559.72(15) controls disclosure; no request made. |
| Whether Read adequately alleged a FCCPA claim | Read contends FCCPA provisions were implicated. | FCCPA claims fail as FDCPA provisions cited do not apply to FCCPA claim. | Plaintiff failed to state a FCCPA claim under the applicable statute. |
| FDCPA-FCCPA interplay and sufficiency of pleadings | Read argued FDCPA provisions support FCCPA claim. | FDCPA provisions cannot substitute for FCCPA claim. | Violations must be pled under the FCCPA statute; FDCPA overlap does not rescue the claim. |
Key Cases Cited
- Clayton v. Bryan, 753 So.2d 682 (Fla. 5th DCA 2000) (benefits of more protective statute; specific provisions control over general ones)
- McDonald v. State, 957 So.2d 605 (Fla. 2007) (specific statute controls over general provisions)
- Survivors Charter Sch., Inc. v. School Bd. of Palm Beach Cnty., 3 So.3d 1220 (Fla. 2009) (specific subject-area statutes control over general terms)
- Beeders v. Gulf Coast Collection Bureau, Inc., Not in official reporter (cited with WL); see text (M.D. Fla. 2011) (FDCPA vs FCCPA interpretations; not fungible)