Niemann

I. BACKGROUND

We take our factual summary from plaintiff’s complaint, accepting as true all well-pleaded material facts. (Environmental Health Advocates, Inc. v. Sream, Inc. (2022) 83 Cal.App.5th 721, 728–729.) Defendant LVNV Funding, LLC is a debt buyer that purchased plaintiff’s consumer debt from the original creditor Citibank N.A., which had charged off the debt as a loss when plaintiff defaulted on his payments.2 Defendant

Civil Code section 1788.50 et seq.; undesignated statutory references are to this Code.

2 The Act defines “Debt Buyer” as “a person or entity that is regularly engaged in the business of purchasing charged-off consumer debt for collection purposes, whether it collects the (through its agent, Financial Recovery Services, Inc.) sent plaintiff a written communication about the debt that included the required notice of plaintiff’s right to request records, but in a smaller type size than required by the Act. (§ 1788.52, subd. (d)(1).) Plaintiff filed a class action complaint asserting a single cause of action and seeking statutory damages based on defendant’s violation of the Act’s minimum required type size. Defendant answered and moved for judgment on…