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DEVLIN v. AETNA FINANCE CO.

Nos. 78-1253/NT4-57, 78-1824/NT4-57A.

379 So.2d 972 (1979)

Michael and Carol DEVLIN, Petitioners, v. AETNA FINANCE COMPANY, Respondent. Gary and Donna WIGGS, Petitioners, v. BENEFICIAL FINANCE COMPANY OF ORLANDO, Respondent. Peoria LACY, Petitioner, v. LIBERTY LOAN CORPORATION, Respondent. Patsy BOYD, Petitioner, v. U.S. CREDIT LIFE CORPORATION, Respondent.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied March 7, 1980.

Attorney(s) appearing for the Case

James C. Hauser of Greater Orlando Area Legal Services, Inc., Orlando, for petitioners.

Meiner & Meiner, Orlando, and Frank A. Shepherd, Miami, for respondents, Aetna Finance Co., Beneficial Finance Co. of Orlando, and Liberty Loan Corp.; Bradford, Williams, McKay, Kimbrell, Hamann & Jennings, P.A., Miami, of counsel.

Joseph M. Paniello and Richard Nielsen of Gregory, Cours, Paniello, Johnson, Hayes & Hoft, Tampa, for respondent, U.S. Life Credit Corp.

BERANEK, JOHN R., Associate Judge.

These consolidated petitions for certiorari present the issue of whether a debtor may plead certain affirmative rights established in the Federal Truth In Lending Act, 15 U.S.C. § 1601 et seq., as a defense to a suit on a debt. These affirmative rights were asserted as a plea of common law recoupment in a suit by a creditor to recover a debt, the enforcement of which is governed by 15 U.S.C. § 1601 et seq. The courts below...

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