I read an interesting case on Plaintiff Jane Kinkade. Her husband had passed away and a debt collector went after her for a debt of her deceased husband. The court ruled that she had standing to sue for FDCPA violations.
There is more to the story as her husband was famous, but we wont dig into that part of the story.
The court, based on foregoing findings, Defendant’s motion to dismiss Plaintiff’s claims pursuant to Fed. R. Civ. P. 12(b)(6) is GRANTED as to Plaintiff’s claims arising from Defendant’s alleged violations of 15 U.S.C. § 1692d, and DENIED as to Plaintiff’s claims arising from Defendant’s alleged violations of 15 U.S.C. §§ 1692e, 1692e(2), 1692e(3), 1692e(5), and 1692e(10).
If you find yourself in a similar situation or just want to check out an interesting FDCPA case, check out:
Kinkade v. Estate Info. Servs., LLC, No. CV 11–4787(AKT), 2012 WL 4511397 (E.D.N.Y. Sept. 28, 2012).
Fight the essential fight, Boiler