Sparkman v. Zwicker & Associates, P.C.,

[David A. Szwak]

Sparkman v. Zwicker & Associates, P.C.,
374 F.Supp.2d 293, E.D.N.Y., June 30, 2005

Background: Debtor filed putative class action alleging that law firm specializing in consumer debt collection committed various violations of Fair Debt Collection Practices Act (FDCPA). Firm moved for judgment on pleadings or for summary judgment.

Holdings: The District Court, Gershon, J., held that:
(1) debtor was not judicially estopped from asserting claim for money damages;
(2) collection letter failed to adequately identify creditor; and
(3) collection letter was deceptive.

Motion granted in part, and denied in part.
OPINION AND ORDER


GERSHON, District Judge.
In this action purportedly brought on behalf of a class,FN1 plaintiff, a debtor, alleges that defendant, a law firm specializing in consumer debt collection, has committed various violations of the Fair Debt Collection Practices Act (“FDCPAâ€