Lucely Coral v. American Express National Bank, et al.

Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA

CASE NO. 26-60004-CIV-SINGHAL

LUCELY CORAL,

Plaintiff, vs.

AMERICAN EXPRESS NATIONAL BANK, et al.,

Defendants. /

ORDER

THIS CAUSE is before the Court on Plaintiff’s Motion for Leave to File the First Amended Complaint (the “Motion”) (DE [42]). Defendant American Express National Bank (“American Express”) partially opposes the Motion, specifically the addition of a claim under the Florida Consumer Collection Practices Act (“FCCPA”). American Express argues that amendment would be futile, because Plaintiff does not state a claim under the FCCPA since the monthly bill statements are not communications about a debt. Under Daniels v. Select Portfolio Servicing, Inc., 34 F.4th 1260 (11th Cir. 2022), monthly billing statements are subject to the FCCPA if there exists “a nexus between the communication and the collection of a debt.” Id. at 1267. The Daniels Court considered several facts demonstrating that the mortgage statements were communications connected with collection of a debt, including that the statements specifically stated they were “an attempt to collect a debt”; included language such as “loan due date,” “amount due,” “payment due date,” “interest-bearing principal,” and “interest rate”; and included a form to pay with a warning about late fees. Id. at 1268. Whether American Express’s communications are subject to the FCCPA is a question of fact. Even though Plaintiff has not alleged that American Express’s communications included the type of debt-collection language at issue in Daniels, that is a question of proof, not a failure to state a claim. Plaintiff alleged that American Express harassed Plaintiff by making repeated communications about debt collection. Such allegations need further factual proof like the facts in Daniels to survive a motion for summary judgment, but are sufficient to state a claim. Amendment would not be futile under Forman v. Davis, 371 U.S. 178, 182 (1962). Accordingly, it is hereby ORDERED AND ADJUDGED that the Motion (DE [42]) is GRANTED. Plaintiff shall file her Amended Complaint as a separate docket entry by June 1, 2026. DONE AND ORDERED in Chambers, Fort Lauderdale, Florida, this 29th day of May 2026. \

UNITED STATES DISTRICT JUDGE Copies furnished counsel via CM/ECF