Simmonds & Narita, LLP

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State court grants summary judgment in favor of Simmonds & Narita’s debt buyer client on FDCPA class action counterclaim

Simmonds & Narita obtained an order from the San Diego Superior Court granting summary judgment in favor of its debt buyer client on a class action counterclaim, which alleged the debt buyer had improperly modified a form complaint in violation of section 1692e(9) of the FDCPA and in violation of the Rosenthal Act.  The court held that, reading the modified complaint as a whole, the least sophisticated debtor would not be misled by it, and that it contained no materially false or misleading statements



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