FORT LAUDERDALE, Fla.—A Florida woman filed a federal claim against a debt-collection company that allegedly tried to collect an unsubstantiated debt from her.
Alima Moore filed her claim on Jan. 12 in the U.S. District Court for the Southern District of Florida against Seterus Inc., alleging violations of the Fair Debt Collection Practices Act (FDCPA) and the Florida Consumer Collection Practices Act (FCCPA) regarding a debt related to a home mortgage.
According to the claim, Delaware-based Seterus sent Moore a letter on Nov. 17. The letter allegedly stated that the plaintiff owed $316,643.45 on her mortgage, which included “Estimated Additional Charges” incorporating “attorney’s fees.” The plaintiff alleges that the amount due included $750 that was not actually due.
Moore alleges that the defendant violated the Federal Debt Collection Practices Act (FDCPA) by using false or deceptive means in an attempt to collect a debt for the $750 that was not actually due. Furthermore, the plaintiff avers that the defendant violated the Florida Consumer Collect Practice Act (FCCPA) for claiming, attempting and threatening to enforce the debt of $316,643.45, citing the Eleventh Circuit Court of Appeals ruling on Dec. 3, which upheld that future attorney fees violate the FDCPA and the FCCPA.
Moore seeks a trial by jury for recovery of actual damages, statutory damages, costs and reasonable attorney's fees. She is represented by Seth Wieder of Loan Lawyers LLC in Fort Lauderdale.
U.S. District Court For The Southern District of Florida Case number 0:16-cv-60066-WJZ