Key Points | FLORIDA APPELLATE COURT DISMISSES COMPLAINT FINDING LITIGATION PRIVILEGE DEFEATED TENANT’S FCCPA CLAIM

Florida’s Second DCA dismissed KAC 2021-1, LLC’s (KAC) complaint filed against American Homes 4 Rent Properties One, LLC (Landlord or American Homes) for alleged violations of the Florida Consumer Collection Practices Act (FCCPA) based on the Landlord’s posting of a 3-day pay or evict notice which the tenant argued was an unnecessary disclosure of “information affecting the debtor’s reputation.” KAC 2021-1, LLC v. Am. Homes 4 Rent Properties One, LLC, No. 2D2023-1384, 2024 WL 4611118, at *1 (Fla. 4th DCA Oct. 30, 2024).
The Landlord, relying on Florida’s long standing litigation privilege, argued that it was immune from liability for posting the notice since that conduct was “necessarily preliminary” to judicial proceeding according to § 83.56, Fla. Stats. The trial court agreed and dismissed KAC’s complaint. KAC appealed.
The Second DCA agreed that posting the notice was statutorily required and therefore the Landlord was exempted from liability under the litigation privilege. The Court rejected KAC’s invitation to read additional or different requirements into § 83.56 and affirmed the order of dismissal.