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TONG v. CAPITAL MANAGEMENT SERVICES GROUP, INC.

No. C-07-01026 RMW (HRL).

520 F.Supp.2d 1145 (2007)

Kinh TONG, Plaintiff, v. CAPITAL MANAGEMENT SERVICES GROUP, INC., f/k/a Capital Management Services, Inc., a New York Corporation, Defendant.

United States District Court, N.D. California, San Jose Division.

October 10, 2007.

Attorney(s) appearing for the Case

Fred W. Schwinn, for Plaintiff.

Stephen H. Turner, Brian Slome, for Defendant.

ORDER DENYING DEFENDANT'S MOTION FOR JUDGMENT ON THE PLEADINGS

RONALD M. WHYTE, District Judge.

Defendant Capital Management Services Group ("CMS") moves for judgment on the pleadings on the grounds that plaintiff Kinh Tong's complaint (1) fails to state a claim under the Fair Debt Collection Practice Act ("FDCPA"), 15 U.S.C. § 1692 et seq.; and (2) fails to state a claim under the Rosenthal Fair Debt Collection Practice Act ("RFDCPA"). The court...

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