Howard v. Asset Acceptance, LLC et al
| Matthew Stephen Howard |
| Asset Acceptance, LLC and Lloyd & McDaniel, PLC |
| 5:2012cv00316 |
| October 11, 2012 |
| US District Court for the Eastern District of Kentucky |
| Lexington Office |
| Fayette |
| Danny C. Reeves |
| Other Statutory Actions |
| 15 U.S.C. ยง 1692 Fair Debt Collection Act |
| Plaintiff |
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Filing
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MEMORANDUM OPINION AND ORDER: (1) Dfts Asset Acceptance, LLC and Lloyd & McDaniel, PLC's 7 Joint Motion to Dismiss portions of Pla Matthew Stephen Howard's Complaint is GRANTED. (2) Insofar as Count I is predicated on events occurring bef ore October 11, 2011, and alleges violations against Dft Lloyd & McDaniel, that claim is DISMISSED, with prejudice. All other allegations encompassed by Count I against Dft Asset Acceptance, LLC, remain pending. (3) Any alleged violations of 15 USC 1 692g in the Complaint are DISMISSED, with prejudice. (4) The Pla's claim for "Intrusion Upon Seclusion," contained in Count IV of the Complaint, is DISMISSED. (5) Dfts' construed motion to strike the portions of the Complaint which allege statutory damages on a per violation basis is GRANTED. The Pla may only seek statutory damages on a per proceeding basis. Signed by Judge Danny C. Reeves on April 24, 2013. (AWD) cc: COR
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