Vlasak v. Rapid Collection Systems, Inc.

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David A. Szwak
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Joined: Thu Jul 13, 2006 11:19 pm

Vlasak v. Rapid Collection Systems, Inc.

Post by David A. Szwak »

A plaintiff's choice of forum is generally given substantial weight under § 1404(a), particularly when it is plaintiff's home forum. See Pepsico, Inc., 2000 WL 263973 at *8. Plaintiff's choice of forum is given less weight where another forum bears a stronger relationship to the dispute. Id. This district bears a stronger relationship to the dispute because Illinois was the site of material events giving rise to the claim. The allegedly abusive phone calls were received in Illinois, and any violation of the FDCPA occurred here. Cf. Bates, 980 F.2d at 868 (harm under FDCPA cannot occur until notice of collection is received); Vlasak v. Rapid Collection Systems, Inc., 962 F.Supp. 1096, 1102 (N.D.Ill.1997) (“When an individual receives calls or letters from a distant collection agency-and when those calls or letters are allegedly illegal under the FDCPA-it makes sense to permit the individual to file suit where he receives the communications.â€
David Szwak
Chairman, Consumer Protection Section, Louisiana State Bar Association
Bodenheimer, Jones & Szwak
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Shreveport, Louisiana 71101
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