govinfo:USCOURTS-flsd-0_26-cv-60004-0

UNITED STATES DISTRICT COURT 
SOUTHERN DISTRICT OF FLORIDA 
 

 
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. 
Case 0:26-cv-60004-AHS Document 50 Entered on FLSD Docket 05/29/2026 Page 1 of 2
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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 2 9th day of 
May 2026. 
 
 
Copies furnished counsel via CM/ECF 
Case 0:26-cv-60004-AHS Document 50 Entered on FLSD Docket 05/29/2026 Page 2 of 2

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