In Battles v. Clarfield, Okon, Saomone & Pincus, plaintiff alleged that defendant violated the FDCPA by filing a collection lawsuit to collect his defaulted student loans. Defendant moved to dismiss, arguing that any false or misleading statements made in the state court action were protected by the litigation privilege.  The court denied the motion, finding the litigation privilege applies only to state law claims, and that the federal FDCPA claims are not insulted by a state privilege.

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