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SIMMONS v. ROUNDUP FUNDING, LLC

Docket No. 09-4984-cv.

622 F.3d 93 (2010)

Lamont B. SIMMONS, Melissa R. Simmons, on behalf of themselves and all others similarly situated, Plaintiffs-Cross-Defendants-Appellants, v. ROUNDUP FUNDING, LLC, Defendant-Counter-Claimant-Appellee, Malen & Associates, P.C., Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided: October 5, 2010.

Attorney(s) appearing for the Case

Joshua N. Bleichman , Law Offices of Joshua N. Bleichman, Spring Valley, NY, for Plaintiffs-Cross-Defendants-Appellants.

Paul William Mahler , Malen & Associates, P.C., Westbury, NY, for Defendant-Appellee Malen & Associates.

Linh K. Tran , Seattle, WA, for Defendant-Counter-Claimant-Appellee Round-up Funding, LLC.

Before: JACOBS, Chief Judge, WINTER and McLAUGHLIN, Circuit Judges.

DENNIS JACOBS, Chief Judge:

Lamont and Melissa Simmons ("the Simmons") allege that an inflated proof of claim filed by a creditor in their bankruptcy proceeding constituted a violation of the Fair Debt Collection Practices Act ("FDCPA"), 15 U.S.C. § 1692 et seq. They appeal from a judgment of the United States District Court for the Southern District of New York (Sweet, J.), dismissing their complaint on the pleadings. We hold that such a proof of claim...

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