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The Florida Consumer Collection Practices Act "prohibits a party from collecting a debt when it 'knows that the debt is not legitimate.' Fla. Stat. § 559.72(9)." Martorella v. Deutsche Bank Nat'l Trust Co., 161 F. Supp. 3d 1209, 1226 (S.D. Fla. 2015). The FCCPA thus requires allegations of knowledge or intent by debt collectors before the debt collectors can be liable under the Act.
A mortgage loan servicer was kept in the case in Martorella because Ms. Martorella alleged that the servicer knew that she had insurance before it force-placed insurance on her and tried to make her pay the premium as a part of her monthly mortgage payment. And also because Ms. Martorella alleged that the servicer "continued its debt collection efforts" even after it knew that she had adequate insurance. Martorella v. Deutsche Bank Nat'l Trust Co., 161 F. Supp. 3d 1209, 1226 (S.D. Fla. 2015).
The fact that the servicer tried to make Ms. Martorella pay the premium for the insurance it placed on her by force was undisputed.
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