Violation of FDCPA provision of which 15 USC 1692g(b) is was deemed by the court as sufficient to defeat a motion to dismiss
in Castillo v. Balsamo Rosenblatt & Cohen, PC, 2011-21329 Civil Court of the City of New York, Kings County June 30, 2011
the court in its decision analysis states (an provides references):
In order to prevail on his claim of a violation of the FDCPA, the plaintiff must prove that (1) he/she is a "consumer" who allegedly owes the debt or a person who has been the object of efforts to collect a consumer debt, (2) the defendant collecting the debt is considered a "debt collector, " and (3) the defendant has engaged in any act or omission in violation of the FDCPA requirements. See Dona v Midland Credit Management, Inc., 2011 WL 941204 (EDNY Feb. 10, 2011); quoting Healy v Jzanus Ltd., 2002 WL 31654571 (EDNY Nov. 20, 2002). Id at
The court further states:
If a debt collector fails to comply with any of its provisions, the FDCPA provides that a debtor may recover actual damages sustained due to noncompliance, additional damages up to $1, 000, and the costs of the action, as well as reasonable attorney's fees. See 15 USC § 1692k. Id.
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