In Janson v. Davis, LLC, plaintiff alleged that defendant violated the FDCPA by filing a false affidavit in a “rent and possession” collection lawsuit in state court attempting to collect unpaid rent. Defendant filed a motion to dismiss, arguing that the affidavit was literally true, as established in the state court proceeding which entered judgment in favor of the creditor based in part on that affidavit.  The court agreed and dismissed the case, finding that the affidavit was not capable of being misleading under the FDCPA.

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