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Posts tagged "Fair Debt Collection Practices Act FDCPA Deceptive Trade Practices Act debt collector Rhode Island"

Strauss Factor Obtains Dismissal of Fair Debt Collection Claims

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. 

Strauss Factor Obtains Summary Judgment on Fair Debt Claims Against Client

On April 27, 2015, the First Circuit issued an unpublished Judgment affirming the dismissal of claims under the Fair Debt Collection Practices Act ("FDCPA") against our client, Twin Oaks Software Development, Inc. On May 30, 2014, the district court had adopted Magistrate Sullivan's Report and Recommendation that Twin Oaks' summary judgment motion be granted. Laccinole v. Twin Oaks Software Development, Inc., No. CA 13-716 ML, 2014 WL 2440400 (D.R.I. May 30, 2014). Plaintiff Christopher Laccinole, who has filed numerous FDCPA claims in federal and state court, joined a fitness club in 2008. Twin Oaks serviced the fitness club's membership accounts from the time new members joined, including sending of late letters for monthly dues. In 2013, Plaintiff's credit card company declined to make a dues payment. Twin Oaks sent Plaintiff two "Friendly Reminder" letters. Plaintiff sent a "validation" letter and then sent a second letter threatening suit if Twin Oaks did not settle his claims against it for alleged FDCPA and state law violations. Twin Oaks did not respond, in part because the fitness club reported the dues had been paid.