Strauss Factor Obtains Dismissal of Fair Debt Collection Claims

| Mar 9, 2016 | Firm News

On March 7, 2016, the federal district court of Rhode Island granted the motion for judgment on the pleadings that Strauss Factor filed on behalf of its client, a Rhode Island attorney.  Plaintiff had alleged the attorney violated the Fair Debt Collection Practices Act, the Rhode Island Fair Debt Collection Practices Act, and the Rhode Island Deceptive Trade Practices Act when the attorney served a collection suit on him seeking to recover private school tuition and attorney’s fees.  The court found that the omission from the complaint of an exhibit and the failure to file the complaint in court within 10 days of service, as well as the claim for attorney’s fees, did not violate the statutes.  The court also dismissed claim alleging fraud and civil conspiracy.

Laccinole v. Assad, C.A. No. 14-4-4S, 2016 WL 868511 (D.R.I. Mar. 7, 2016)

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