Mertes v. Devitt

MEMORANDUM AND ORDER

SHABAZ, District Judge.

Plaintiff Patrick T. Mertes brings this action under the Fair Debt Collection Practices Act (“FDCPA”), 15 U.S.C. § 1692 et seq., against the defendant Russell Devitt. This Court previously denied defendant’s motion to dismiss because plaintiff had not had sufficient opportunity to obtain discovery of the nature of defendant’s debt collection practices. In its previous decision the Court found that the sole factual issue was whether defendant “regularly collects or attempts to collect” debts such that he is within the coverage of the FDCPA. Additional…