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eBook details

• Title: Harvey v. Great Seneca Financial Corp.
• Author : United States Court of Appeals
• Release Date : January 06, 2006
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 71 KB

Description

This is a lawsuit brought under the Fair Debt Collection Practices Act (FDCPA) against a debt collector, Great Seneca Financial Corporation (Seneca), and its law firm, Javitch, Block & Rathbone, L.L.P. (Javitch). Wendelyn Harvey claimed that Seneca and Javitch violated both the FDCPA and the Ohio Consumer Sales Practices Act (OCSPA) by filing "a lawsuit to collect a purported debt without the means of proving the existence of the debt, the amount of the debt, or that Seneca owned the debt." Seneca and Javitch raised a number of defenses to Harveys suit, including the failure to state a claim, the protection provided by the First Amendment, and the Noerr-Pennington doctrine. The district court held that Harveys allegations failed to state a claim under the FDCPA. It then declined to exercise supplemental jurisdiction over Harveys OCSPA claim once her federal claim had been dismissed. For the reasons set forth below, we AFFIRM the judgment of the district court.

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