Garcia v. DEZBA Asset Recovery, Inc.

Full title: CHRISTOPHER GARCIA, Plaintiff, v. DEZBA ASSET RECOVERY, INC. and CAPITAL…

Court: United States District Court, S.D. New York

22-CV-01736 (KMK)

Date published: Mar 29, 2023

Fact: 

The plaintiff alleges that the defendant repossessed their vehicle unlawfully, breached the peace during repossession, violated the Fair Debt Collection Practices Act (FDCPA), and committed conversion under New York law. Additionally, the plaintiff claims that the defendant engaged in deceptive practices under New York General Business Law Section 349.

Issue: 

The court must determine whether the plaintiff’s claims of unlawful repossession, breach of peace, FDCPA violation, conversion, and deceptive practices under New York General Business Law Section 349 have merit.

Decision: 

The court grants the defendant’s motion with respect to the claims of unlawful repossession, FDCPA violation, conversion, and deceptive practices under New York General Business Law Section 349 against one of the defendants, while denying it with regard to the claim of deceptive practices against the other defendant. The court dismisses the claims without prejudice, giving the plaintiff an opportunity to file a third amended complaint addressing the identified deficiencies within 30 days. Additionally, the court schedules a status conference for further proceedings.

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