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Tourgeman v. Collins Financial Services, Inc. et al

RESPONSE in Opposition re MOTION to Compel Further Responses to Discovery Requests and For Sanctions And In Support Of Cross-Motion For Protective Order

21 Cited authorities

  1. Heintz v. Jenkins

    514 U.S. 291 (1995)   Cited 1,132 times   8 Legal Analyses
    Holding that “debt collector” as used in the Fair Debt Collection Practices Act, 15 U.S.C. § 1692a, includes attorneys notwithstanding the definition's lack of an express reference to lawyers or litigation

  2. Lewis v. ACB Business Services, Inc.

    135 F.3d 389 (6th Cir. 1998)   Cited 1,494 times   1 Legal Analyses
    Holding that a company whose principal purpose is to extend credit rather than collect debts is not a debt collector under the Fair Debt Collections Practices Act

  3. Donohue v. Quick Collect

    592 F.3d 1027 (9th Cir. 2010)   Cited 460 times   2 Legal Analyses
    Holding that a complaint served on the debtor is a communication subject to the FDCPA

  4. Mack v. Great Atlantic & Pacific Tea Co.

    871 F.2d 179 (1st Cir. 1989)   Cited 791 times   1 Legal Analyses
    Holding that a party may not "undertake wholly exploratory operations in the vague hope that something helpful will turn up."

  5. Harvey v. Great Seneca Financial Corp.

    453 F.3d 324 (6th Cir. 2006)   Cited 372 times
    Holding that filing of debt collection action did not constitute harassment or abuse even when debt collector lacked means to establish debt at time of filing action

  6. Hahn v. Triumph Partnerships

    557 F.3d 755 (7th Cir. 2009)   Cited 277 times   1 Legal Analyses
    Holding that a debt collector need not itemize principal and interest

  7. Wahl v. Midland Credit Management, Inc.

    556 F.3d 643 (7th Cir. 2009)   Cited 276 times
    Holding that "[t]he unsophisticated consumer, with a reasonable knowledge of her account's history, would have little trouble concluding that the 'principal balance' included interest charged by the [original creditor], and observing that "[the debt collector could have elected to go a step further, disclosing the components of the debt it acquired-such as what [the debtor] charged on the card versus the interest and late fees levied by the [original creditor]-but it wasn't a matter of compulsion"

  8. Evory v. RJM Acquisitions Funding LLC

    505 F.3d 769 (7th Cir. 2007)   Cited 268 times   4 Legal Analyses
    Holding that communications directed to a consumer's attorney are actionable under §§ 1692d–1692g

  9. Guerrero v. RJM Acquisitions LLC

    499 F.3d 926 (9th Cir. 2007)   Cited 250 times   1 Legal Analyses
    Holding that “communications directed only to a debtor's attorney, and unaccompanied by any threat to contact the debtor, are not actionable under the [FDCPA]” (footnote omitted)

  10. Campuzano-Burgos v. Midland Credit Mgmt

    550 F.3d 294 (3d Cir. 2008)   Cited 237 times
    Holding that it is assumed that the least sophisticated consumer will exhibit the "rational" characteristic of reading a collection notice in its entirety

  11. Rule 26 - Duty to Disclose; General Provisions Governing Discovery

    Fed. R. Civ. P. 26   Cited 95,618 times   657 Legal Analyses
    Adopting Fed.R.Civ.P. 37

  12. Rule 37 - Failure to Make Disclosures or to Cooperate in Discovery; Sanctions

    Fed. R. Civ. P. 37   Cited 46,154 times   321 Legal Analyses
    Holding that a party may be barred from using a witness if it fails to disclose the witness

  13. Section 1692 - Congressional findings and declaration of purpose

    15 U.S.C. § 1692   Cited 15,025 times   139 Legal Analyses
    Finding that abusive debt-collection practices lead to "personal bankruptcies," "marital instability," "loss of jobs," and "invasions of individual privacy"

  14. Section 1692g - Validation of debts

    15 U.S.C. § 1692g   Cited 3,448 times   68 Legal Analyses
    Setting forth requirements for disputing a debt

  15. Section 581 - Dismissal of action

    Cal. Code Civ. Proc. § 581   Cited 1,290 times
    Allowing voluntary dismissal without prejudice "at any time before the actual commencement of trial"