Ham v. Portfolio Recovery Associates, LLC (consolidated with Foxhall v. Portfolio Recovery Associates, LLC)
Resolving a certified conflict between the First and Second Districts, the Florida Supreme Court held that a unilateral attorney's fee provision in a credit card contract is made reciprocal under section 57.105(7) when a debtor prevails in a common law account stated action to collect the credit card debt. The Court read the statute as imposing two separate requirements—(1) the contract must contain a provision allowing fees when a party must take 'any action to enforce the contract,' and (2) the other party must prevail 'in any action ... with respect to the contract'—and found both satisfied. It quashed Ham and approved the result in Bushnell.
Key facts
- Portfolio Recovery Associates, LLC brought account stated claims against debtors Ham and Foxhall to collect credit card debt; the debtors prevailed at trial and sought reciprocal attorney's fees under section 57.105(7).
- The First and Second District Courts of Appeal reached conflicting decisions on whether a unilateral fee provision in a credit card contract becomes reciprocal when a debtor prevails in an account stated action rather than a breach of contract claim.
- +2 more key facts with a free trial
Why it matters
This is the controlling Florida Supreme Court authority on reciprocal fees under section 57.105(7) in consumer debt collection, and it resolves a district conflict that had produced opposite results for prevailing… — full analysis with a trial
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