Federal district court grants Simmonds & Narita’s summary judgment motion in Fair Debt Collection Practices Act case.
The United States District Court for the Central District granted summary judgment in favor Simmonds & Narita’s client in an action arising under the Fair Debt Collection Practices Act (“FDCPA”) and California’s Rosenthal Act. Plaintiff contended the firm’s client called him and demanded payment in order to collect on an alleged debt, telling him that there was a court case against him and that the account was now in collection. He asserted that the representations made by the defendant were false, misleading, confusing, deceptive, harassing, unfair, and failed to inform him of his rights as a consumer, in violation of the FDCPA and the Rosenthal Act. Plaintiff also alleged that defendant violated the Rosenthal by falsely represented that a legal proceeding had been, was about to be, or would be instituted unless he paid the debt. The court held that the firm’s client did not harass, abuse, or annoy the plaintiff, and did not falsely threaten to sue him. The court further held that the challenged statements were not materially false or misleading.
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