A federal judge in Texas has denied a motion to dismiss filed by a collection law firm that was accused of violating the Fair Debt Collection Practices Act by filing a collection suit against the plaintiff, even though the plaintiff claimed the debt did not belong to him.
A copy of the ruling in Smith v. Moss Law Firm can be accessed by clicking here.
The plaintiff — Christopher Smith — contends he provided the defendant with his date of birth and Social Security number to prove the debt was not his, yet the defendant continued with the suit anyway.
The defendant sought to have the suit against it dismissed, alleging the plaintiff lacked statutory standing because the original collection suit was directed at the plaintiff’s son, Christopher O. Smith II.
In seeking the dismissal, the defense argued that the FDCPA only allows actions from non-debtors when the conduct is abusive and results in actual damages. But, when reading the original collection petition and the plaintiff’s complaint, the plaintiff has “adequately pleaded” that the defendant’s actions were directed toward him, ruled Judge Sidney Fitzwater of the District Court for the Northern District of Texas, Dallas Division.
Judge Fitzwater ruled the allegations have a “plausible basis” to proceed and denied the defendant’s motion to dismiss the suit.
