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DAVID v. FMS SERVICES

No. 06 CIV 10194 VM.

475 F.Supp.2d 447 (2007)

Miriam DAVID, Plaintiff, v. FMS SERVICES, Defendant.

United States District Court, S.D. New York.

February 22, 2007.

Attorney(s) appearing for the Case

Francis Dana Bigelow, II, Sadis & Goldberg LLC, New York, NY, for Plaintiff.

Priya Chaudhry, Hafetz & Necheles, New York, NY, Stephen Sale, Sale & Quinn, P.C., Washington, DC, for Defendant.

DECISION AND ORDER

MARRERO, District Judge.

Plaintiff Miriam David ("David") brought this action after receiving a debt collection notice sent to her home by defendant FMS Services ("FMS"). David asserts claims under the Fair Debt Collection Practices Act ("FDCPA"), as well as a common law claim for negligence. FMS has moved to dismiss the amended complaint pursuant to Federal Rule of Civil Procedure 12(b)(6) for failure to state a claim upon which...

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