Rodriguez

INTRODUCTION

This case arises from the granting of a special motion to strike pursuant to Code of Civil Procedure sections 425.16 et seq., commonly known as an anti-SLAPP motion. Respondent LVNV Funding, LLC (LVNV) sued appellant Yolanda Rodriguez (Rodriguez) in a debt collection action. Rodriguez cross-complained, (1) claiming she had been the victim of identity theft, and (2) that LVNV’s debt collection action violated the federal Fair Debt Collection Practices Act (FDCPA) and its California counterpart, the Rosenthal Fair Debt Collection Practices Act (Rosenthal Act).1 After initial discovery, Rodriguez determined LVNV had sued the wrong Yolanda Rodriguez, because the debt LVNV was attempting to collect was incurred by a Yolanda Rodriguez with a different date of birth and Social Security number than hers. Once this was demonstrated to LVNV, it dismissed the suit. However, Rodriguez declined to dismiss her cross-claim, since the FDCPA and Rosenthal Acts are strict liability statutes, which penalize false or misleading debt collection actions unless they fit within a narrow “bona fide error” defense. LVNV filed an anti-SLAPP motion, which the trial court granted. Rodriguez now…