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PostPosted: Sun Oct 01, 2006 3:45 pm 
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Deaville v. Capital One Bank,
425 F.Supp.2d 744, W.D.La., March 30, 2006

Background: Debtor brought action against creditor, alleging violation of the Fair Debt Collection Practices Act (FDCPA), the Truth in Lending Act (TILA), and Virginia and Louisiana law. Creditor moved for summary judgment.

Holdings: The District Court, Hicks, J., held that:
(1) failure to properly name creditor as defendant in complaint was not fatal defect in pleadings;
(2) debtor's action for violation of the FDCPA accrued at the latest, for limitations purposes, when debtor's attorney sent first letter to creditor;
(3) equitable tolling of the limitations period did not apply to FDCPA action;
(4) TILA action accrued, for limitations purposes, on date that debtor received allegedly deceptive credit card solicitation;
(5) equitable tolling of limitations period did not apply to TILA action;
(6) debtor abandoned any claims against creditor for violation of Virginia law; and
(7) Court would decline to exercise supplemental jurisdiction over Louisiana law claims.

Motion granted.

MEMORANDUM RULING


HICKS, District Judge.
Before the Court is a Motion to Dismiss, or, in the alternative, a Motion for Summary Judgment, filed by Capital One Bank, Capital One Services, Inc., Capital One Financial Corporation,FN1 and Capital One, F.S.B. (hereinafter collectively referred to as “Defendantsâ€

_________________
David Szwak
Chairman, Consumer Protection Section, Louisiana State Bar Association
Bodenheimer, Jones & Szwak
509 Market Street, 7th Floor
Mid South Tower
Shreveport, Louisiana 71101
318-221-6444
Fax 318-221-6555


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