Florida Court Holds Voicemail Mail Message Asking Return Call Can Be Debt Collection Communication

The U.S. District Court for the Middle District of Florida recently denied a motion to dismiss an amended complaint alleging that a time-share association violated the Florida Consumer Collection Practices Act (FCCPA) and the federal Telephone Consumer Protection Act (TCPA), holding that:

A copy of the opinion is available at:  Link to Opinion.

A man and a woman owed time-share maintenance fees and retained counsel, who allegedly sent a letter to the time-share association requesting that any future communication regarding the debt be directed to counsel. The letter allegedly also revoked any prior consent to call the woman’s cell phone and enclosed a limited power of attorney for the man.