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16-1902 - PIGG v. FAIR COLLECTIONS & OUTSOURCING OF NEW ENGLAND, INC.


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16-1902 - PIGG v. FAIR COLLECTIONS & OUTSOURCING OF NEW ENGLAND, INC.
July 18, 2017
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ORDER - Plaintiff Vivian Pigg defaulted on her lease agreement with her former landlord. [Filing No. 34 at 2.] The debt was transferred to Defendant Fair Collections & Outsourcing of New England ("Fair Collections"), and Fair Collections attempted to collect the debt from Ms. Pigg. [Filing No. 34 at 2.] Ms. Pigg claims that without a permissible purpose, Fair Collections procured her credit report. [Filing No. 34 at 2.] In addition, Ms. Pigg asserts that after she filed for bankruptcy protection, Fair Collections contacted Ms. Pigg on numerous occasions to collect the debt. [Filing No. 34 at 4.] She initiated this litigation alleging that Fair Collections violated the Fair Credit Reporting Act ("FCRA") and the Fair Debt Collection Practices Act ("FDCPA"). [Filing No. 1; Filing No. 34.] Fair Collections has now filed a Motion to Dismiss Count I of Plaintiff's First Amended Complaint, [Filing No. 38], and Ms. Pigg opposes that motion, [Filing No. 46]. For the reasons detailed herein, Fair Collections' Motion to Dismiss Count I of Plaintiff's First Amended Complaint, [Filing No. 38], is DENIED. (See Order). Signed by Judge Jane Magnus-Stinson on 7/18/2017. (APD) Modified on 7/19/2017 to fix links (APD).