No ifs, ands or Fs about it: F-word ruled legal in court battle
Miami lawyer successfully argues that the popular F-word, when used by a debt collector, is legal
However, the naughty word canβt be used in a threatening or a harassing manner
A three-panel judge appellate court ruled in favor of a debt collector who used the βF-wordβ in trying to collect from a client. Ronna Gradus Miami Herald file
BY HOWARD COHEN hcohen@miamiherald.com
A roofer who told his client, βDonβt be a f—–g schlub, pay your f—–g bill,β did not violate the Florida Consumer Collection Practices Act, a Miami-Dade circuit appellate panel decided.
The statute reads: βNo person shall use profane, obscene, vulgar, or willfully abusive language in communicating with the debtor or any member of her or his family.β
On Dec. 9, a panel of three Miami-Dade Circuit judges denied consumer protection attorney Rami Shmuelyβs appeal of a Miami-Dade County Court decision in April. Shmuely sued roofer Salomon Susi and his company for using the F-word.
Not nice, but legal, explains the rooferβs attorney, Richard Wolfe of Wolfe Law Miami.
IMAGINE HOW FUN IT WAS TO ARGUE IN FRONT OF FIVE JUDGES
Miami attorney Richard Wolfe, on defending his clientβs use of the βF-wordβ in court this year.
βI argued that the F-word is the most unique word in the English language,β said Wolfe. βIt can be used as an adjective, a pronoun, a verb or what I consider, an intensifier. You can βpay the billβ or βyou can pay the f—–g bill.β All you are doing is slamming your fist down in describing the bill with a little more intensity.β
What it is not, Wolfe, successfully argued, is obscene. βOne manβs obscenity is another manβs lyric.β
He added: βThereβs never been a case anywhere in the country where a debt collector was successfully sued for language alone.β One exception: a debt collector called a womanβs coworker and told her to tell the other woman to βpay the f—–g bill.β Harassment or threats can violate the law.
βThat is what the statute is meant to curb,β Wolfe explained. hcohen@miamiherald.comLINKEDINGOOGLE+PINTERESTREDDITPRINTORDER REPRINT OF THIS STORY
No ifs, ands or Fs about it: F-word ruled legal in court battle
Miami lawyer successfully argues that the popular F-word, when used by a debt collector, is legal
However, the naughty word canβt be used in a threatening or a harassing manner
A three-panel judge appellate court ruled in favor of a debt collector who used the βF-wordβ in trying to collect from a client. Ronna Gradus Miami Herald file
BY HOWARD COHEN
hcohen@miamiherald.com
A roofer who told his client, βDonβt be a f—–g schlub, pay your f—–g bill,β did not violate the Florida Consumer Collection Practices Act, a Miami-Dade circuit appellate panel decided.
The statute reads: βNo person shall use profane, obscene, vulgar, or willfully abusive language in communicating with the debtor or any member of her or his family.β
On Dec. 9, a panel of three Miami-Dade Circuit judges denied consumer protection attorney Rami Shmuelyβs appeal of a Miami-Dade County Court decision in April. Shmuely sued roofer Salomon Susi and his company for using the F-word.
Not nice, but legal, explains the rooferβs attorney, Richard Wolfe of Wolfe Law Miami.
IMAGINE HOW FUN IT WAS TO ARGUE IN FRONT OF FIVE JUDGES
Miami attorney Richard Wolfe, on defending his clientβs use of the βF-wordβ in court this year.
βI argued that the F-word is the most unique word in the English language,β said Wolfe. βIt can be used as an adjective, a pronoun, a verb or what I consider, an intensifier. You can βpay the billβ or βyou can pay the f—–g bill.β All you are doing is slamming your fist down in describing the bill with a little more intensity.β
What it is not, Wolfe, successfully argued, is obscene. βOne manβs obscenity is another manβs lyric.β
He added: βThereβs never been a case anywhere in the country where a debt collector was successfully sued for language alone.β One exception: a debt collector called a womanβs coworker and told her to tell the other woman to βpay the f—–g bill.β Harassment or threats can violate the law.
βThat is what the statute is meant to curb,β Wolfe explained.
hcohen@miamiherald.comLINKEDINGOOGLE+PINTERESTREDDITPRINTORDER REPRINT OF THIS STORY