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FRANASIAK v. PALISADES COLLECTION, LLC

No. 09-CV-835S.

822 F.Supp.2d 320 (2011)

John M. FRANASIAK, Plaintiff, v. PALISADES COLLECTION, LLC, Defendant.

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

September 30, 2011.

Attorney(s) appearing for the Case

Kenneth R. Hiller, Kimberly T. Irving, Law Offices of Kenneth Hiller, Amherst, NY, for Plaintiff.

Brian C. Shartle, Sessions, Fishman, Nathan & Israel, L.L.P., Metairie, LA, Michael Del Valle, Sessions, Fishman & Nathan of New York, LLC, Amherst, NY, for Defendant.

DECISION AND ORDER

WILLIAM M. SKRETNY, Chief Judge.

I. INTRODUCTION

In this action, Plaintiff John M. Franasiak asserts claims pursuant to the Fair Debt Collection Practices Act, 15 U.S.C. 1692 et seq., and the Telephone Consumer Protection Act ("TCPA"), 47 U.S.C. § 227 et seq. Plaintiff's claims arise from Defendant's use of an automated telephone dialing system to telephone Plaintiff's residence multiple times over a period...

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