Answer and Affirmative Defenses to 1 Complaint with Jury Demand by Morning Law Group, P.C..(Luka, Philip)
1Defendant denies the allegations contained in Paragraph 1 of the Complaint, including any characterization of Defendant's conduct as violative of the Credit Repair Organizations Act, the Florida Credit Services Organization Act, the Florida Deceptive and Unfair Trade Practices Act, or any other statute or common law cause of action alleged therein.
JURISDICTION AND VENUE
2Admitted.
3Admitted.
4Defendant lacks sufficient knowledge or information to admit or deny the allegations of Paragraph 4 and therefore denies the same.
PARTIES
5Defendant admits that Plaintiff is a natural person. Defendant lacks sufficient knowledge or information to admit or deny the remaining allegations of Paragraph 5 and therefore denies the same.
6Defendant admits that it is a law firm that provides legal services. Defendant denies the remaining allegations in Paragraph 6.
FACTUAL ALLEGATIONS
7Defendant lacks sufficient knowledge or information to admit or deny the allegations of Paragraph 7 and therefore denies the same.
8Defendant denies the allegations of Paragraph 8.
9Defendant denies the allegations of Paragraph 9.
10Defendant denies the allegations of Paragraph 10.
11Defendant admits Plaintiff entered into a Legal Services Agreement with Defendant on or around October 11, 2024. Defendant denies the remaining allegations in Paragraph 11.
12Defendant admits Plaintiff enrolled accounts with a total debt balance of approximately $23,545.
13Defendant admits that pursuant to the Legal Services Agreement, Plaintiff agreed to make monthly payments of $250.00, as set forth in Schedule 2 of the Agreement. Defendant clarifies that these payments constituted legal fees and administrative service fees, not funds to be used toward settling Plaintiff’s debts.
14Defendant lacks sufficient knowledge or information to admit or deny whether Claimant made all payments in a timely manner and therefore denies the same.
15Defendant denies the allegations of Paragraph 15 to the extent they mischaracterize the nature of Defendant's communications with Claimant.
16Defendant denies the allegations of Paragraph 16. The Legal Services Agreement expressly provides that Defendant does not guarantee any outcome.
17Defendant denies the allegations of Paragraph 17 and further avers that Defendant's services under the Legal Services Agreement do not include credit repair or credit score improvement services.
18Defendant denies the allegations of Paragraph 18. The Legal Services Agreement does not provide for debt settlement services or for the removal of settled accounts from consumer credit reports.
19Defendant denies the allegations of Paragraph 19.
20Defendant denies the allegations of Paragraph 20.
21Defendant denies the allegations of Paragraph 21.
22Defendant denies the allegations of Paragraph 22.
23Defendant denies the allegations of Paragraph 23.
24Defendant denies the allegations of Paragraph 24.
25Defendant denies the allegations of Paragraph 25. Defendant further avers that the Legal Services Agreement clearly sets forth the fee structure, which distinguishes between legal fees paid to MLG and administrative fees paid to the Admin Provider, and that no portion of Plaintiff’s payments was designated for settling Claimant's debts.
26Defendant denies the allegations of Paragraph 26.
27Defendant denies the allegations of Paragraph 27.
28Defendant denies the allegations of Paragraph 28, including that Claimant suffered any damages as a result of Defendant's conduct.
29Defendant denies the allegations of Paragraph 29.
COUNT I — VIOLATIONS OF THE FLORIDA DECEPTIVE AND UNFAIR TRADE PRACTICES ACT
30In response to Paragraph 30, Defendant incorporates by reference its responses to all preceding paragraphs as though fully set forth herein.
31Paragraph 31 contains a legal conclusion to which no response is required. To the extent a response is required, Defendant denies that its conduct constitutes "trade or commerce" subject to the FDUTPA in the manner alleged.
32Paragraph 32 is a statement of law to which no response is required. The statute speaks for itself.
33Paragraph 33 is a statement of law to which no response is required. The statute speaks for itself.
34Paragraph 34 is a statement of law to which no response is required. The statute speaks for itself.
35Defendant denies the allegations of Paragraph 35.
36Defendant denies the allegations of Paragraph 36.
37Defendant denies the allegations in Paragraph 37. Defendant denies that Plaintiff is entitled to any of the relief requested in the "WHEREFORE" clause following Count I, including actual damages, punitive damages, attorneys' fees, and costs.
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Public U.S. federal court record (district court docket 73114559, document 11). Source via the RECAP Archive (Free Law Project). The same record is available from PACER. Informational only — not legal advice.