In Bartlett v. Blaser, Sorensen & Oleson, plaintiff alleged that defendant violated the FDCPA by filing a collection lawsuit in a venue outside of the county in which he lived, and by not sending the validation notice within 30 days of the filing of a lawsuit against him.  Defendant filed a motion for summary judgment, arguing that the state court debt collection lawsuit did not involved a consumer transaction, and that the FDCPA did not apply.  The court agreed, finding that the state court action was actually a tort subrogation claim seeking recovery for money paid as a result of plaintiff's negligence in performing plumbing services, and dismissed the case.

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