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05-140 - EVORY v. RJM ACQUISITIONS FUNDING, LLC


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05-140 - EVORY v. RJM ACQUISITIONS FUNDING, LLC
August 23, 2005
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ENTRY on Motions to Dismiss (Conclusion): An unsophisticated but reasonable consumer would not be deceived by the letters at issue in a manner contemplated by the statute. The interpretation of section 1692e sought by the pltfs in these cases would have unreasonable results plainly at variance with the policy of the FDCPA as a whole. Pltfs have not stated claims under section 1692e of the FDCPA. Accordingly, the defts' motions to dismiss the complaints are granted. The dismissals are without prejudice to pltfs' ability to file amended complaints no later than 9/22/2005. If no amended complaints are filed, the court will enter judgments of dismissal with prejudice. Signed by Judge David Frank Hamilton on 8/23/2005. (LSC, )
March 28, 2006
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ENTRY denying 40 Motion for Sanctions, granting 35 Motion to Strike (interpreted by the court as a Motion to Dismiss) . Signed by Judge David Frank Hamilton on 3/28/2006. (LSC, )
November 12, 2008
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ENTRY granting 116 Plaintiff's Motion to Dismiss with each party to bear her or its own costs. Signed by Judge David Frank Hamilton on 11/12/2008. (LBK)