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FRITZ v. RESURGENT CAPITAL SERVICES, LP

Case No. 11-CV-3300 FB VVP.

955 F.Supp.2d 163 (2013)

Giselle FRITZ f/k/a Giselle Carter, Evan Davis, Jason Spiegel-Grote, and Patricia Casertano, on behalf of themselves and all others similarly situated, Plaintiffs, v. RESURGENT CAPITAL SERVICES, LP; LVNV Funding, LLC; Alegis Group, LLC; Mel S. Harris and Associates, LLC; David Waldman; and Resurgent Capital Services, LLC, Defendants.

United States District Court, E.D. New York.

July 24, 2013.

Attorney(s) appearing for the Case

Ahmad Keshavarz, Esq., The Law Office of Ahmad Keshavarz, Brooklyn, NY, Charles M. Delbaum, National Consumer Law Center, Boston, MA, Daniel Scott Blinn, Consumer Law Group, LLC, Rocky Hill, CT, Matthew Austin Schedler, Camba Legal Services, Brooklyn, NY, for Plaintiffs.

Brett A. Scher, Esq., Kaufman Dolowich Voluck & Gonzo LLP, Woodbury, NY, for Defendants.

MEMORANDUM AND ORDER

BLOCK, Senior District Judge:

Plaintiffs assert claims under the Fair Debt Collection Practices Act ("FDCPA"), 15 U.S.C. §§ 1692-1692p, and New York General Business Law ("GBL") § 349. Defendants move to dismiss the Second Amended Complaint ("SAC") pursuant to Federal Rule of Civil Procedure 12(b)(6).

Because defendants urge numerous grounds for dismissal, it is necessary to structure the Court's analysis...

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