- Janson v. Katharyn B. Davis, LLC, 2015 WL 7253244 (8th Cir. November 17, 2015)
- Dismissal of FDCPA complaint was affirmed as plaintiff did not allege a plausible violation of the statute.
- Procedural context:
- Plaintiff appealed dismissal of Fair Debt Collection Practices Act complaint, alleging that landlord's law firm violated the FDCPA by swearing to an affidavit in state court without personal knowledge of the facts. On appeal, the court found that the firm did not make false, deceptive, or misleading representations, or use unfair or unconscionable means to collect a debt. Affirmed.
- Landlord sued tenant in state court. The landlord's attorney filed an affidavit with the complaint alleging that the tenant owed back rent. The attorney's sole basis for swearing to the truth of the allegations was information received from the landlord's agent. The tenant subsequently filed suit in federal court, alleging a violation of the FDCPA because the attorney did not have personal knowledge of the facts of the affidavit and therefore did not know whether the information was true or not. The tenant asserted this constituted a false, misleading, or deceptive representation, or an unfair or unconscionable means to collect a debt. The tenant did not assert that the information was literally false, and no one was misled, deceived, or duped by the affidavit. The district court dismissed the complaint, and the 8th Circuit affirmed on appeal.
- Murphy, Melloy, and Smith
Joseph Hill v. Raquel King
Summarizing by J Newman
3048 in the system
3 Being Processed