Fausto

Fausto v. Credigy Services Corp.

Good Law
598 F. Supp. 2d 1049·2009 WL 454274·2009 U.S. Dist. LEXIS 29076
United States District Court, Northern District of CaliforniaFebruary 17, 2009C 07-05658 JWCalifornia4,266 words

Opinion

Opinion

Ware, J.

ORDER DENYING DEFENDANTS’ MOTIONS FOR SUMMARY JUDGMENT; GRANTING DEFENDANTS’ MOTION FOR JOINDER

I. INTRODUCTION

Manuel and Luz Fausto (“Plaintiffs”) bring this action against Defendants , al leging, inter alia, violations of the federal Fair Debt Collection Practices Act (“FDCPA”), 15 U.S.C. §§ 1692 , et seq., and various state law causes of action. Plaintiffs allege that Defendants engaged in intrusive and abusive attempts to collect on an invalid debt, in violation of state and federal laws.

Presently before the Court are Defendants’ five Motions for Summary Judgment. The Court found it appropriate to take the matter under submission without oral argument. See Civ. L.R. 7-(b). Based on the papers submitted to date, the Court DENIES Defendants’ Motions for Summary Judgment.

II. BACKGROUND

A. Undisputed Facts

On August 16, 2006, Plaintiffs received a letter from Defendant Credigy stating that Plaintiff Manuel Fausto owed a debt to Wells Fargo in the amount of $16,689.64. (First Amended Complaint, Ex. 1, hereafter, “Complaint,” Docket Item No. 3.) On August 22, 2006, Defendant Credigy began making phone calls to Plaintiffs in an attempt to collect on the alleged Wells Fargo…

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