Posts tagged o'bryne.
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California Federal Court: Debt Collector Does Not Violate FDCPA By Filing Collection Suit Based on Claims of Account Stated and Assumpsit

In O'Bryne v. Portfolio Recovery Associates, Inc., No. cv447-IEG (NLS), 2013 WL 1223590 (S.D. Cal. Mar. 26, 2013), the Southern District of California held that a debt collector did not violate the Fair Debt Collection Practices Act ("FDCPA") by seeking to collect principal, interest, and fees in a collection lawsuit under the common law theories of account stated and assumpsit. The defendant in O'Bryne, a debt collector, filed suit in California state court against the plaintiff-debtor seeking to recover a debt under various common law theories. The debtor subsequently brought ...

Posted in: California, FDCPA
Tags: assumpsit, fdcpa, o'bryne, portfolio recovery associates
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