Legal Opinion
Vitullo v. Mancini
District Court, E.D. Virginia
Decided February 3, 2010No. 1:09cv614PublishedCited by 4 opinions
1Opinion of the Court
MEMORANDUM OPINION
T.S. ELLIS, III, District Judge.
At issue on a threshold dismissal motion is the question — unresolved in this circuit — whether the Fair Debt Collection Practices Act (“FDCPA”) 1 allows for injunctive and declaratory relief that has the effect of cancelling or extinguishing a debt as a remedy for violations of the Act. For the reasons stated, such relief is not available to private litigants suing for FDCPA violations, and hence the motion to dismiss must be granted.
I
Plaintiffs Liliana and Julio Vitullo are residents of Virginia. According to the second amended complaint, at…
2Cases cited21 opinions
- Ashcroft v. IqbalSupreme Court of the United States · 2009
- Leatherman v. Tarrant County Narcotics Intelligence and Coordination UnitSupreme Court of the United States · 1993
- Califano v. YamasakiSupreme Court of the United States · 1979
- Miller v. FrenchSupreme Court of the United States · 2000
- Richard Weiss, on Behalf of Himself and All Others Similarly Situated v. Regal Collections Lancer Investments, IncCourt of Appeals for the Third Circuit · 2004
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3Cited by4 opinions
- Midland Funding, LLC v. PipkinCourt of Appeals of Utah · 2012
- United States v. IwanskiDistrict Court, S.D. Florida · 2011
- Cade v. O'Sullivan, EsqDistrict Court, D. Maryland · 2019
- Womack v. Freedom MortgageDistrict Court, D. Maryland · 2019