363 F.3d within 1117-18. The debtor produced fit alleging citation of your FDCPA, also an allegation your loan servicer “wrongly portray[ed] the character, number otherwise court standing” of one’s personal debt, in addition to Fl Consumer Range Strategies Operate prohibiting enforcement of an excellent personal debt that’s “not legitimate.” Id. on 1118 n.cuatro (mentioning Fla. Stat. § (9)). This new Eleventh Routine declined general preemption away from condition user protection says observing that “of numerous terms from county consumer safeguards guidelines don’t conflict having brand new HEA otherwise their rules, and lots of condition laws arrangements ? actually match and you can reinforce the fresh HEA.” Id. during the 1130. From inside the handling an identical admission since the you to definitely alleged herein, the latest Cliff courtroom reasoned you to
[f]or me to end that the supply of one’s Florida Operate [prohibiting administration off non-legitimate expenses] hinders the culmination of your succession off collection situations, we might have to basic end that legislation need an effective third-group debt enthusiast to try and gather a financial obligation so it understands is not legitimate or even to demand the current presence of a good right which understands will not exist.