Legal Opinion

Powell v. WEST ASSET MANAGEMENT, INC.

District Court, N.D. Illinois

Decided March 24, 2011No. Case 10-cv-7852PublishedCited by 1 opinion

1Opinion of the Court

MEMORANDUM OPINION AND ORDER

JOHN W. DARRAH, District Judge.

Plaintiff, Dominginho Powell, filed suit against Defendant, West Asset Management, Inc., alleging violations of the Telephone Consumer Protection Act (“TCPA”), 47 U.S.C. § 227, et seq. (Count I), and violation of the Fair Debt Collection Practices Act (“FDCPA”), 15 U.S.C. § 1692, et seq. (Count II). The case comes before the Court on Plaintiffs Motion to Strike Defendant’s second affirmative defense to the FDCPA claim, “bona fide error,” and third affirmative defense to the TCPA claim, “failure to mitigate.” Plaintiffs Motion to…

2Cases cited4 opinions

  1. State ex rel. Charvat v. FryeOhio Supreme Court · 2007
  2. Manufacturers Auto Leasing, Inc. v. Autoflex Leasing, Inc.Court of Appeals of Texas · 2004
  3. Jemiola v. XYZ Corp.Cuyahoga County Common Pleas Court · 2003
  4. Holster v. Gatco, Inc.Supreme Court of the United States · 2010

3Cited by1 opinion

  1. Saunders v. Dyck O'Neal, Inc.District Court, W.D. Michigan · 2018

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