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In Ringenbach v. DirecTV, LLC, No. 4:21 CV 1400 CDP, 2022 U.S. Dist. LEXIS 214026, at *2-4 (E.D. Mo. Nov. 29, 2022), Judge Perry denied a debt collector's motion to compel discovery of settlements with other co-defendants because she held that offset is not an affirmative defense under the FCRA/FDCPA. I.C. System's motions will be denied as it cites no… Read More

In People v. Alorica Inc., 77 Cal. App. 5th 60, 62-63 (2022), the Court of Appeal affirmed the authority of a District Attorney to issue a subpoena to determine whether an entity was subject to the Rosenthal Act.  The basis of the dispute was as follows. According to the Riverside County District Attorney's Office, in January 2019, the district attorneys'… Read More

In Mrvich v. Midland Funding, LLC, 2017 WL 5999058, at *2–4 (S.D.Cal., 2017), Magistrate Judge Porter denied production of an FDCPA Plaintiff's tax returns to test whether the debt was consumer or commercial in nature. Defendant moves to compel production of Plaintiff's federal and state income tax returns for the years 2010 to 2012, and her federal and state income… Read More

In Nall v. Allied Interstate, LLC, 2015 WL 6529233, at *1-2 (S.D.Ind. 2015), Judge Baker allowed net worth discovery in an FDCPA class action as relevant towards the propriety of class certification. The cases cited by Plaintiff support the requested discovery. See Green, 997 F.Supp.2d at 935–36 (finding net worth helpful in deciding class certification). Net worth is helpful in… Read More

In Hallmark v. Cohen & Slamowitz, Midland Funding LLC, --- F.R.D. ----, 2014 WL 5017859 (W.D.N.Y. 2014), Judge Froschio did not require an FDCPA class action defendant to prepare audited financial statements where there were none, but, mere production of financial statements did not preclude plaintiff's inquiry into defendants raw data to allow Plaintiff to challenge defendant's valuation of its own business.… Read More

In Hill v. Asset Acceptance, LLC, 2014 WL 3014945 (S.D.Cal. 2014), Magistrate Judge Major granted in part and denied in part Rosenthal Act discovery in a class action, some rulings for which are highlighted below. The facts were as follows: Plaintiff seeks actual damages, statutory damages, attorneys fees, and costs for the alleged violations. Id. at 9. The alleged violations… Read More

In Swelnis v. Universal Fidelity L.P., 2014 WL 1571323 (N.D.Ind. 2014), Judge Cherry addressed discovery in an FDCPA class action.  First, Judge Cherry required disclosure of “Training Materials”: Plaintiff's Interrogatory No. 9 and Document Request Nos. 4–6, 8, and 11 each seek infor-mation—specifically: training manuals and other relevant documents—that relate to Defendants' Af-firmative Defense of bona fide error. Defendants objected… Read More

In De La Torre v. Legal Recovery Law Office, 2014 WL 1279738 (S.D.Cal. 2014), Magistrate Judge Bartick ordered defendant to produce phone bills, but only for the time relevant in the Complaint and redacted to exclude calls made to parties other than the Plaintiff. Here, the Court concludes Defendant's phone bills are only relevant to the extent they contain evidence… Read More

In Miranda v. Integrity Solution Services, Inc., 2014 WL 519239 (D.Colo. 2014), Magistrate Judge Mix ordered discovery of communications between the debt collector and consumer reporting agencies about the debtor’s debt even though no credit reporting allegations were pleaded.  Judge Mix framed the issue as follows: The discovery requests at issue seek information and documents that Defendant provided to the… Read More

In Devlin v. Law Offices of Howard Lee Schiff, P.C., 2013 WL 1459195 (D.Mass. 2013), Judge Dein ordered production of FDCPA manuals. The defendant shall produce any manuals concerning debt collection that it uses for general training purposes, as well any specific handouts or materials that it uses for purposes of compliance with the Fair Debt Collection Practices Act (“FDCPA”)… Read More

In U.S. v. Warner, 2012 WL 6087193 (N.D.Cal. 2012), Judge Beeler ordered the Government to produce FDCPA compliance information with regard to its efforts to collect on student loans from an in-pro-per attorney. So, are his discovery requests relevant to them? Yes. As noted above, Mr. Warner essentially seeks all communications between him and the Department (and its agents) and… Read More