Eugene Ham III v. Portfolio Recovery Associates, LLC & SC18-2143 Laura Foxhall v. Portfolio Recovery Associates, LLC

Summary

The court held that unilateral attorney-fee provisions in the credit card contracts became reciprocal under section 57.105(7) when the debtors prevailed in account stated actions brought to collect the credit card debt. It reasoned that the statutory phrase “with respect to the contract” is broader than language requiring an action to be based on or brought under the contract, and that the account stated claims had a direct relationship to the underlying credit card contracts. The court approved the result in Bushnell and quashed Ham.