Fisher v. Dell Financial Services, LP

[David A. Szwak]

Fisher v. Dell Financial Services, LP
Not Reported in A.2d, 2005 WL 3073669
Del.Com.Pl.,2005.
September 28, 2005

TRADER, J.
*1 In Count 2 of plaintiff's civil action, the plaintiff alleges that the defendant violated the Fair Debt Collection Practices Act. The defendant has filed a motion to dismiss Count 2 on the grounds that Dell Financial Services is a creditor and not a debt collector and that the Fair Debt Collection Practices Act does not apply to creditors. I agree. The defendant's motion to dismiss Count 2 is granted.

In paragraph 14 of Count 2, the plaintiff alleges that “Dell Financial Services violated 15 U.S.C. § 1692e(2) of the Fair Debt Collection Practices Act, when it wrongfully assigned plaintiff's account to a collection agency, LTD Financial Services, when plaintiff had made all of payments as agreedâ€