In Johnson v. Cabinsky, here, Judge Rykamp held that merely filing a collection action that loses does make an FDCPA claim. Citing past precedent, Judge Rykamp explained:
Granting Defendant’s Motion for Summary Judgment is consistent with this Court’s decisions in Gonzalez v. Erskine, No. 08-20893-CIV-SEITZ, 2008 WL 6822207 (S.D. Fla. Aug. 7, 2008) and Sierra v. Rubin & Debski, No. 10-21866-CIV-COOKE, 2010 WL 4384216 (S.D. Fla., Oct. 28, 2010). Gonzalez held that merely filing an unsuccessful lawsuit for a client is not an FDCPA violation: “the act of filing a verified lawsuit, without more, does not violate the FDCPA.” 2008 WL 6822207, at *1. Sierra is particularly instructive, as it held that “[t]he filing of a lawsuit supported by an affidavit attesting to the existence of the amount of debt, without more documentation, is not a false representation, nor unfair or unconscionable.” Sierra, 2010 WL 4384216, at *3 (citing Deere v. Javitch, Black & Rathbone LLP, 413 F.Supp.2d 886, 890-91 (S.D. Ohio. 2006)).