In Vallecastro v. Tobin, Melien & Maroni, plaintiff alleged that defendant filed a state court collection lawsuit that violated the FDCPA because it was supported by a false and misleading affidavit.   Defendant moved to dismiss, arguing that it was not a debt collector under the FDCPA because it was a loan servicer, and because any inaccuracies in the affidavit were not material.  The court granted the motion, finding that even if defendant was subject to the FDCPA, any statements in the affidavit regarding the servicer's relationship to the original creditor and that may be technically false were not material.

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