Author Topic: Wrong Boilerplate plead leads to FDCPA violations. SD California  (Read 1097 times)

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quill

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Wrong Boilerplate plead leads to FDCPA violations. SD California
« on: September 28, 2013 08:34:52 PM »
Caudillo v. PORTFOLIO RECOVERY ASSOCIATES, LLC, Dist. Court, SD California 2013

The Attorneys used the wrong " boilerplate template "  for a JDB lawsuit - they used the one for an OC instead,... :vbrofl:

The entire complaint reads as if Portfolio recovery lent the money.

 
The form complaint repeatedly identifies PRA as "Plaintiff," [see 28-7 at 3, 4, 5], but makes no mention of Wells Fargo, the original creditor, nor to any specific credit account. The form complaint also makes repeated reference to the subject debt being owed by Caudillo to "Plaintiff," i.e., PRA. [See, e.g., id. at 4 ("for goods, wares, and merchandise sold and delivered to [Caudillo] and for which [Caudillo] promised to pay plaintiff," "for money lent by plaintiff to [Caudillo] at [Caudillo's] request," "for credit card purchases and/or cash advances on the credit account issued by Plaintiff .

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Here, PRA's form complaint fails to identify, indeed omits any reference to, Wells Fargo, the original creditor. [See Doc. No. 28-7, Ex. A.] And it compounds that failure to identify by repeatedly referring to the purported debt as owed to, or a result of money lent or credit extended by, PRA. [Id. at 3, 4.] Moreover, PRA conceded the importance of this omitted information by justifying its request to amend on grounds that "the complaint . . . should have stated that PRA was a valid assignee of Wells Fargo Bank, N.A., the original creditor who contracted with [Caudillo]." [Doc. No. 28-7 at 3.] PRA's conceded "failure to identify . . . the original creditor [in its form complaint], is both deceptive and material under the least sophisticated consumer standard, [and thus] constitutes a violation of 1692e." Heathman, 2013 WL 3746111, at *5; see also Gonzalez, 660 F.3d at 1061-62. Accordingly, the Court GRANTS Plaintiff's motion and DENIES Defendant's motion as to PRA's liability under 1692e of the FDCPA.


How Could they ever appeal with the  "Bona fide error" excuse on a California verified complaint? 


Dear Judge; We let the paralegals enter in all the data, and the  Computer program generates all these complaints, and our attorneys just signs them, stack after stack....    :vbrofl:

bware2010

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Re: Wrong Boilerplate plead leads to FDCPA violations. SD California
« Reply #1 on: September 29, 2013 12:48:52 AM »
 :vbrofl:
I'm not an attorney. If you ask my wife, anything I've said is probably wrong. If you ask me kids, I'm out of touch. Take your chances with what I post!

kevinmanheim

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Re: Wrong Boilerplate plead leads to FDCPA violations. SD California
« Reply #2 on: September 29, 2013 01:01:49 AM »
Dear Judge; We let the paralegals enter in all the data, and the  Computer program generates all these complaints, and our attorneys just signs them, stack after stack....    :vbrofl:
How do you expect them to make money if they have to read the complaints they file?

 

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