District Court (Cal.) Says FDCPA Plaintiff Can Not Simulaneously Sue Under Separate FDCPA Provisions In Order to Avoid the Intent Element of One of Them; Says Calls to Multiple Numbers Does Not Explain Call Volume But Instead Evidences Intent to Harass
In Neu v. Genpact Services, LLC, 2013 WL 1773822 (S.D.Cal. 2013) granted in part and denied in part a debt collector’s summary judgment motion brought against a debtor’s FDCPA harassment claim. The facts were as follows. Genpact is a debt collector as defined by the Fair Debt Collections Practices Act (“FDCPA”) and California Rosenthal Fair Debt Collection Practices Act (“Rosenthal… Read More