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PENN v. CUMBERLAND

Case No. 1:11cv1009.

883 F.Supp.2d 581 (2012)

Renee PENN, Plaintiff, v. Michele S. CUMBERLAND, Esq., Defendant.

United States District Court, E.D. Virginia, Alexandria Division.

July 25, 2012.

Attorney(s) appearing for the Case

Ernest Paul Francis , Ernest P. Francis Ltd., Arlington, VA, for Plaintiff.

James Arthur Cales, III , Furniss Davis Rashkind & Saunders PC, Norfolk, VA, for Defendant.

MEMORANDUM OPINION

T.S. ELLIS, III, District Judge.

At issue on a threshold motion to dismiss in this action, brought pursuant to the Fair Debt Collection Practices Act ("FDCPA"), 15 U.S.C. §§ 1692 et seq., is whether certain legal contentions made in defensive pleadings filed by a creditor's attorney in response to a consumer's counterclaims in a state court collection action violated the FDCPA.1

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