In Tompkins v. Selip & Stylianou, 2019 WL 522143 (D.N.J., Feb. 11, 2019), Chief Judge Jose Linares denied defendant’s motion to dismiss a putative state-wide class action complaint filed by plaintiff Robert Tompkins against defendant RAB Performance Recoveries.
The complaint alleged that RAB violated section e(10) of the federal Fair Debt Collections Practices Act (15 U.S.C. 1692e(10)), which prohibits the “use of any false representation or deceptive means to collect or attempt to collect any debt.” The court ruled that the Tompkins’ allegation—that RAB’s communication to plaintiff attempting to collect a debt falsely represented that RAB had a legal right to collect the debt—was sufficient to defeat RAB’s motion and enable plaintiff to proceed.
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.
For questions call 1-877-256-2472 or contact us at customer[email protected]