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SHORTY v. CAPITAL ONE BANK

No. CIV991018 JC/LFG.

90 F.Supp.2d 1330 (2000)

David SHORTY, on behalf of himself and all others similarly situated, Plaintiff, v. CAPITAL ONE BANK, Defendant.

United States District Court, D. New Mexico.

April 3, 2000.

Attorney(s) appearing for the Case

Richard N. Feferman, Albuquerque, NM, Daniel Edelman, Cathleen M. Combs, James O. Latturner, Edelman & Combs, Chicago, IL, for plaintiff.

Douglas G. Schneebeck, Modrall, Sperling, Roehl, Harris & Sisk, Albuquerque, NM, James McCabe, James McGuire, Morrison & Foerster, San Francisco, CA, for defendant.

MEMORANDUM OPINION AND ORDER

CONWAY, Chief Judge.

THIS MATTER comes before the Court upon Capital One's Motion for Judgment on the Pleadings, filed February 24, 2000 (Doc. 24). This case is based on Plaintiff's claim that Capital One violated the Fair Debt Collection Practices Act (FDCPA), 15 U.S.C. §§ 1692-1692o by sending Plaintiff a debt validation notice for a debt which Capital One knew was time-barred by the statute of limitations...

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