In Hamburger Northland Group, plaintiff alleged that defendant violated the FDCPA in various ways by placing calls to her home seeking to collect a debt owed by a third party. Defendant moved for summary judgment, arguing that plaintiff was unable to demonstrate that the underlying debt was a consumer transaction subject to the FDCPA. The court denied the motion and found that there was a disputed factual issue, because plaintiff testified that she had witnessed several of the transactions that resulted in the debt, and that those transactions related to personal purchases. The court found that the fact that plaintiff was not the debtor was not fatal to a showing that the debt was incurred for personal purposes.
In Seak v. Antio, plaintiff alleged that defendant violated the FDCPA by filing a proof of claim in his Chapter 13 bankruptcy case on a time barred debt. Defendant moved to dismiss, arguing that plaintiff had failed to plausibly allege that the statute of limitations on the debt had expired. The court denied the motion, finding the claim was plausible when the proof of claim submitted by defendant reflected a charge off date that was beyond the limitation period.
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