Florida Consumer Collection Practices Act (FCCPA), which prohibits enforcement of a debt when a person knows the debt is not legitimate or asserts the existence of a legal right that is known not to exist, appears to contemplate reliance on the legal status of a debt and, thus, consideration of whether other sections of the statutory code have been violated.

Debtor's claims against creditor for violations of statute governing the collection of consumer debt, as well as intentional infliction of emotional distress, assault, and battery, were not compulsory counterclaims in creditor's previous action to enforce promissory notes, and thus debtor's failure to assert such claims in creditor's earlier action did not warrant dismissal of debtor's present action.

To see complete detail, click here Florida Consumer Collection Practices Act.