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HAM v. PORTFOLIO RECOVERY ASSOCIATES, LLC

No. SC18-2142 No. SC18-2143.

308 So.3d 942 (2020)

Eugene HAM III, Petitioner, v. PORTFOLIO RECOVERY ASSOCIATES, LLC, Respondent. Laura Foxhall, Petitioner, v. Portfolio Recovery Associates, LLC, Respondent.

Supreme Court of Florida.

December 31, 2020.

Attorney(s) appearing for the Case

Robert N. Heath, Jr. of Robert N. Heath, P.A., Pensacola, Florida; and Louis K. Rosenbloum of Louis K. Rosenbloum, P.A., Pensacola, Florida, for Petitioners.

Diane G. DeWolf , Katherine E. Giddings , and Nancy M. Wallace of Akerman LLP, Tallahassee, Florida, for Respondent.

Janet R. Varnell of Varnell & Warwick, P.A., Lady Lake, Florida; Lynn Drysdale of Jacksonville Area Legal Aid, Inc., Jacksonville, Florida; Craig E. Rothburd of Craig Rothburd, P.A., Tampa, Florida; and Arthur Rubin of We Protect Consumers, P.A., Tampa, Florida, for Amicus Curiae The National Association of Consumer Advocates.

Ronald S. Canter of The Law Offices of Ronald S. Canter, LLC, Boca Raton, Florida, for Amici Curiae National Creditors Bar and Association and Florida Creditors Bar Association.

Hector E. Lora of Maurice Wutscher LLP, Fort Lauderdale, Florida, for Amicus Curiae Receivables Management Association International, Inc.

In these consolidated cases, we consider whether a unilateral attorney's fee provision in a credit card contract is made reciprocal to a debtor under section 57.105(7), Florida Statutes (2015), when the debtor prevails in an account stated action brought to collect unpaid credit card debt. We have for review the decision of the First...

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