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Motion to Dismiss Defendant's Counterclaim - Help!!!!


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History --

I filed a counter claim ...

"Plaintiff's agent, , while representing the Plaintiff, violated 15 USC 1692g(B) by failing to cease collection of an alleged debt after the Defendant notified Plaintiff's agent in writing, and within the accepted thirty day period that the alleged debt was disputed."

Then the Plaintiff filed a motion to dismiss my counterclaim below, I need to write an opposition and need help please. thanks

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Let's start at the beginning.

Is this your credit card? Did the stuff they send you help you determine if it is yours and if the amount they claim is accurate?

So what exactly did they do that you feel is a violation? "Lousy validation?" Call you and send you letters before they sent the statements? Sue you before they answered your DV? IMO, it has to be something more than that you object to what they sent you. After all, you are in a lawsuit now and you can use discovery to get answers, too.

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The FDCPA does not apply to OC's. In some states it won't apply to their attorneys or agents if working directly for the OC and not a collection agency. Seems to me you could send them a FACTA dispute. What kind of consumer laws does your state have? Some states consumer laws apply to collection of debts by the OC to be treated the same as collection agencies so you may have some state claims. Of course, it may be too late to file for state claims unless you do so by suing them directly and not as a counterclaim.

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