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FDCPA Action Concerning Debt Collection Calls
In Oppenheim v. I.C. Sys., Inc., No. 10-12461, a Federal Debt Collection Practices Act (FDCPA) action concerning a series of telephone calls defendant made to plaintiff in an attempt to collect funds, the court affirmed the denial of summary judgment to defendant where 1) the mere fact that plaintiff consumed PayPal's services in order to facilitate a separate sale did not thereby negate his consumer status with respect to PayPal; 2) the district court correctly distinguished Arnold because plaintiff's payment obligation did arise from a transaction; and 3) since the district court did not err in denying defendant summary judgment on plaintiff's FDCPA claim, the court also correctly denied defendant summary judgment on plaintiff's Florida Consumer Collection Practices Act claim.
As the court wrote: "Defendant-Appellant I.C. System, Inc. ("I.C. System") appeals the district court's denial of its motion for summary judgment as to Plaintiff-Appellee Barry Oppenheim's ("Oppenheim") claims under the Fair Debt Collection Practices Act ("FDCPA"), 15 U.S.C. §§ 1692 et seq., and the Florida Consumer Collection Practices Act ("FCCPA"), Fla. Stat. §§ 559.72 et seq. After review, we affirm."
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