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CEB Prac. Guide § 2A.14 -- Persons to Whom the FDCPA Apply -- California -- Comparison with Federal Act

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Eastern District follows Sial decision, says “no” to Norr-Pennington doctrine and Litigation Privilege

by Scott J. Hyman |

In Gerber v. Citigroup, Inc. 2009 WL 248094 (E.D.Cal.2009), District Judge Moulds followed the Southern District's opinion in Sial v. Unifund CCR Partners, 2008 WL 4079281 (S.D.Cal.Aug.28, 2008), and rejected both the Norr-Pennington doctrine and the litigation privilege as defenses to a Rosenthal Act claim. This court is unpersuaded that the Noerr-Pennington doctrine bars actions under the FDCPA. Rather, this court finds… Read More

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