Cristina Serrano v. Mombrun Law, PLLC, and Agnes Mombrun Geter
The Second District affirmed, without opinion, the dismissal with prejudice of a Florida Consumer Collection Practices Act claim under section 559.72(9) premised on a demand letter's threat to recover attorney's fees. Judge Atkinson dissented at length, arguing that the right to fees under section 57.105(1) did not exist when the letter was sent — no suit had been filed, no defense asserted, and no safe-harbor motion served — and that under the least-sophisticated-consumer standard the letter conveyed an unconditional fee threat.
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