Finley v. Dynamic Recovery Solutions LLC et al

Filing 56

ORDER re: June 8, 2015 hearing. Signed by Judge Thelton E. Henderson on 06/04/2015. (tehlc1, COURT STAFF) (Filed on 6/4/2015)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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NANCY H. FINLEY,

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Plaintiff,
v.

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Case No. 14-cv-04028-TEH
ORDER RE: JUNE 8, 2015 HEARING

DYNAMIC RECOVERY SOLUTIONS
LLC, et al.,
Defendants.

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The parties shall come to the June 8, 2015 hearing prepared to address the following

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United States District Court
Northern District of California

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questions.

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For Plaintiff

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1.

On what date did Plaintiff’s debt enter default?

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2.

None of the cases Plaintiff cites for the proposition that the FDCPA is a strict

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liability offense regard 15 U.S.C. § 1692c(a)(2), which imposes liability only if the debt

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collector “knows the consumer is represented by an attorney.” Why does this provision

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not distinguish those cases?
3.

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actually knew Plaintiff was represented by an attorney?
4.

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What additional discovery would you take in order to show that Defendants

Is it your position that DRS is a “debt buyer” under the CFDBPA? If not,

then do you oppose granting summary judgment on this claim for DRS?
5.

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According to the declaration of Anthony Stile, it appears that AFS purchased

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the debt on January 15, 2010 (not 2014). If this is true, is it still your position that the

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CFDBPA applies to AFS, given the limitation in Cal. Civ. Code § 1788.50(d)?
6.

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What precise violations of the CFDBPA does Plaintiff allege against AFS?

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7.

It appears that the California Consumer Credit Reporting Agency Act

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provisions that you raise in your oppositions only apply to consumer credit reporting

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agencies. Is it your position that Defendants are consumer credit reporting agencies? If

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not, why would not amendment of the Complaint on this issue be futile?

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For Defendants

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8.

Defendants’ motions do not discuss Plaintiff’s claims under the FDCPA that

they failed to provide documents or the identity of the creditor, misrepresented the legal

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status of her debt, and harassed her, although the second of these is discussed to a limited

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extent in their replies. If Defendants are challenging these claims, how have they shown

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United States District Court
Northern District of California

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that they are entitled to summary judgment on them?

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9.

It appears that AFS may have acquired Plaintiff’s debt while it was in

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default. If this is true, why is AFS not a “debt collector,” under the definition in 15 U.S.C.

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§ 1692a(4) and (6)? See Suellen v. Mercantile Adjustment Bureau, LLC, No. 12–cv–00916

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NC, 2012 WL 2849651, at *3-4 (N.D. Cal. June 12, 2012).

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IT IS SO ORDERED.

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Dated: 06/04/15

_____________________________________
THELTON E. HENDERSON
United States District Judge

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