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McGHEE v. BUFFALO & ASSOCIATES, PLC

No. 2:12-CV-333.

922 F.Supp.2d 674 (2013)

Diane S. McGHEE, Plaintiff, v. BUFFALO & ASSOCIATES, PLC, Capital One Bank (USA), National Association, Defendants.

United States District Court, E.D. Tennessee, at Greeneville.

February 6, 2013.

Attorney(s) appearing for the Case

Alan C. Lee, Attorney, Talbott, TN, for Plaintiff.

Darryl G. Lowe, Lowe, Yeager and Brown, Knoxville, TN, John P. Nefflen, Thomas K. Potter, III, Burr & Forman LLP, Nashville, TN, for Defendants.

MEMORANDUM

CURTIS L. COLLIER, District Judge.

Before the Court is Defendant Buffalo & Associates, PLC's ("Defendant") partial motion to dismiss (Court File No. 8). Defendant argues it is not a "creditor" under the Truth In Lending Act ("TILA"), 15 U.S.C. §§ 1601, et seq., and is therefore not a proper defendant for TILA claims. Defendant similarly argues one of Plaintiff Diane McGhee's ("Plaintiff") claims under the Fair Debt...

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