In Powell v. Palisades, plaintiff alleged that defendant violated the FDCPA by filing an Assignment of Judgment that contained false representations regarding the amount of the debt, and stated falsely that plaintiff had not made any payments on the judgment. The district court granted defendant’s motion for summary judgment, finding that the filing of the assignment was not collection activity subject to the FDCPA, and plaintiff appealed. The appellate court reversed, concluding that the filing of the assignment was subject to the FDCPA as debt collection activity, and that the statements regarding the amount of the debt and payment history were both material and false.
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