In
Martinez v. Integrated Capital Recovery, LLC, Judge Ishii of the District Court for the Eastern District of California granted the Defendants’ motion to dismiss two Fair Debt Collection Protection Act claims brought by Brandon Martinez, Plaintiff, on behalf of a class of similarly situated individuals. In its ruling, the Court reiterated that a debt collector does not violate the FDCPA by taking collection actions permitted by the underlying contracts.
In that case, Plaintiff owed a debt to Build Card–Republic Bank. Build Card sold the debt to DNF, and DNF contracted with ICR to collect the debt from Plaintiff. ICR sent a debt collection letter to Plaintiff containing the following language regarding a service fee: “[a] service fee of $9.95 may be charged for payments if paying by Credit/Debit card depending on consumer’s location and applicable contractual documents.” Plaintiff filed suit, alleging Defendants violated the FDCPA, in reference to the service fee langua
Policías abaten a asaltante por robo a automovilista en Iztapalapa
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CDMX | Policías abaten a presunto asaltante; son agredidos por familiares del difunto
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