Kafele v. Shapiro & Felty, LLP

This folder examines who is the proper party to bring a lawsuit. This folder examines the issues from the standpoint of consumer-damage suits and collection suits brought against the consumer.
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David A. Szwak
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Joined: Thu Jul 13, 2006 11:19 pm

Kafele v. Shapiro & Felty, LLP

Post by David A. Szwak »

Kafele v. Shapiro & Felty, L.L.P.
Slip Copy, 2006 WL 783457
S.D.Ohio,2006.
Mar 27, 2006
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D. FDCPA
Defendants assert that plaintiff cannot maintain a claim under the FDCPA because plaintiffs have not presented any evidence that the loans were for "personal, family or household purposes." Defendants contend that Barclay purchased the subject properties to use as rental units. Defendants further argue that plaintiffs have not, in any event, identified any FDCPA violations. Plaintiffs do not respond to these arguments.
The FDCPA provides in part as follows:
The term debt means any obligation or alleged obligation of a consumer to pay money arising out of a transaction in which the money property, insurance, or services which are the subject matter of the transaction are primarily for personal, family, or household purposes, whether or not such obligation has been reduced toto judgment.
15 U.S.C. § 1692(a)(5) (emphasis added).
Plaintiffs have made no attempt to come forward with evidence showing that the subject properties were "primarily for personal, family, or household purposes." Plaintiffs' claims under the FDCPA therefore fail as a matter of law.
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