Marc Rosenberg and Donna Young obtained a dismissal in Yohannes v. Olympic Collection, Inc., et al., U.S.D.C., Western District of Washington, Case No. 2:17-CV-509-RSL, 2019 WL 5103777 (W.D. Wash. Oct. 11, 2019). Plaintiff sued four defendants, including a collection agency, its officers, and its lawyer. Plaintiff alleged multiple claims including, but not limited to fraud, defamation, violations of the Fair Debt Collection Practices Act (“FDCPA”), and malicious prosecution. Plaintiff’s claims were based on money collected on a garnishment after a judgment had expired. The district court found that the FDCPA’s bona fide error defense applied where the collection agency had procedures for renewing judgments that did not occur in this case due to an employee’s errors, that the there was no evidence that the collection agency had acted out of malicious intent, and that the elements of fraud, and other claims were not met. The U.S. District court entered summary judgment, dismissing all claims as to all four defendants.
Oct 21, 2019