Please E-mail suggested additions, comments and/or corrections to Kent@MoreLaw.Com.
Help support the publication of case reports on MoreLaw
Jason Scott Gens v. Portfolio Recovery Associates, LLC
Case Number: 0:22-cv-03002
Judge: Wilhelmina M. Wright
Court: United States District Court for the District of Minnesota (Hennepin County)
Defendant's Attorney: Margaret Ann Santos
Description: Minneapolis, Minnesota consumer credit lawyer represented Plaintiff, which sued Defendant on a Fair Debt Collection Act violation theory.
(a) Abusive practices
There is abundant evidence of the use of abusive, deceptive, and unfair debt collection practices by many debt collectors. Abusive debt collection practices contribute to the number of personal bankruptcies, to marital instability, to the loss of jobs, and to invasions of individual privacy.
(b) Inadequacy of laws
Existing laws and procedures for redressing these injuries are inadequate to protect consumers.
(c) Available non-abusive collection methods
Means other than misrepresentation or other abusive debt collection practices are available for the effective collection of debts.
(d) Interstate commerce
Abusive debt collection practices are carried on to a substantial extent in interstate commerce and through means and instrumentalities of such commerce. Even where abusive debt collection practices are purely intrastate in character, they nevertheless directly affect interstate commerce.
It is the purpose of this subchapter to eliminate abusive debt collection practices by debt collectors, to insure that those debt collectors who refrain from using abusive debt collection practices are not competitively disadvantaged, and to promote consistent State action to protect consumers against debt collection abuses.
15 USC 1692a
Outcome: 02/16/2023 11 ORDER FOR DISMISSAL WITH PREJUDICE. Signed by Judge Wilhelmina M. Wright on 2/16/2023. (RJE) (Entered: 02/16/2023)
02/16/2023 12 JUDGMENT (Attachments: # 1 Civil Notice - appeal)(MMP) (Entered: 02/16/2023)