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Berg v. Merchants Association Collection Division

United States District Court, S.D. Florida
Dec 31, 2008
Case No. 08-60660-CIV-DIMITROULEAS/ROSENBAUM (S.D. Fla. Dec. 31, 2008)

Summary

considering the situation "where the third party received the information, in the home of the consumer, after receiving a warning that the information is intended only for the consumer"

Summary of this case from Davis v. Phelan Hallinan & Diamond, Pc.

Opinion

Case No. 08-60660-CIV-DIMITROULEAS/ROSENBAUM.

December 31, 2008


ORDER


This matter comes before the Court upon Defendant's Motion to Compel Disclosure Under Rule 26 and Motion for Sanctions Under Rule 37 [D.E. 28]. In view of Defendant's Notice of Withdrawal of Motion to Compel Disclosure and for Appropriate Sanctions [D.E. 33], which states that the parties have resolved the issue that constituted the subject of Defendant's Motion to Compel Disclosure and Motion for Sanctions [D.E. 28], it is hereby ORDERED AND ADJUDGED that Defendant's Motion to Compel Disclosure Under Rule 26 and Motion for Sanctions Under Rule 37 [D.E. 28] is DENIED AS MOOT.

DONE AND ORDERED.


Summaries of

Berg v. Merchants Association Collection Division

United States District Court, S.D. Florida
Dec 31, 2008
Case No. 08-60660-CIV-DIMITROULEAS/ROSENBAUM (S.D. Fla. Dec. 31, 2008)

considering the situation "where the third party received the information, in the home of the consumer, after receiving a warning that the information is intended only for the consumer"

Summary of this case from Davis v. Phelan Hallinan & Diamond, Pc.

In Berg v. Merchants Ass'n Collection Division, Inc., 586 F.Supp.2d 1336, 1341 (S.D.Fla.2008), the court found an FDCPA violation where a pre-recorded message containing debt information was left on a debtor's voicemail and overheard by the debtor's family members and neighbors.

Summary of this case from Zortman v. J.C. Christensen & Assocs., Inc.

In Berg v. Merchants Ass'n Collection Division, Inc., 586 F. Supp. 2d 1336, 1341 (S.D. Fla. 2008), the court found an FDCPA violation where a pre-recorded message containing debt information was left on a debtor's voicemail and overheard by the debtor's family members and neighbors. Because of the FDCPA's "fairly broad definition of communication and the need for direct prior consent for communications with third parties," the court rejected the defendant's assertion "that the plain language of the statute excludes the Defendant's communications.

Summary of this case from Zortman v. J.C. Christensen Associates, Inc.
Case details for

Berg v. Merchants Association Collection Division

Case Details

Full title:THOMAS E. BERG, JR., Plaintiff, v. MERCHANTS ASSOCIATION COLLECTION…

Court:United States District Court, S.D. Florida

Date published: Dec 31, 2008

Citations

Case No. 08-60660-CIV-DIMITROULEAS/ROSENBAUM (S.D. Fla. Dec. 31, 2008)

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