Summary
noting that bringing a suit for fraud in state court is an attempt to collect a "debt" and discussing in depth and approvingly Third Circuit decision that bounced checks do constitute debts within the meaning of the FDCPA
Summary of this case from Woodard v. O'BrienOpinion
Case No.: 1:13-cv-1072
06-23-2017
PATRICIA BROWN, Plaintiff, v. AMERICAN MUTUAL HOLDINGS INC., et al., Defendants.
ORDER ADOPTING MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION
The Court has reviewed the Report and Recommendation filed by United States Magistrate Judge Phillip J. Green in this action (ECF No. 61). The Report and Recommendation was duly served on the parties. No objections have been filed.
ACCORDINGLY, the Report and Recommendation is hereby adopted as the opinion of the Court.
THEREFORE, IT IS ORDERED that, for the reasons stated in the Report and Recommendation, Plaintiff's motion for partial summary judgment is GRANTED on the issue of liability. The Court finds each defendant has violated the Federal Debt Collection Practices Act. Issues relating to the determination of damages and an award of costs and attorney fees will be resolved after Plaintiff files a proper motion with the Court which shall be filed within 28 days. Dated: June 23, 2017
/s/ Paul L. Maloney
Paul L. Maloney
United States District Judge