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DEMURRER to Amended CROSS COMPLAINT
Matter on the Law & Motion/Discovery Calendar for Friday, June 13, 2025, line 4, CROSS DEFENDANT CREDIT CORP SOLUTIONS INC., ASSIGNEE OF SYNCHRONY BANK'S DEMURRER to Amended CROSS COMPLAINT
A demurrer lies only as to an entire cause of action. The court must liberally construe the pleading pursuant to CCP 452.
Plaintiff Jason Jones's first cause of action alleges a violation of the Fair Debt Collection Practices Act, 15 USC 1692 et seq. Jones alleges that he submitted a written dispute to Credit Corp of the debt on November 18, 2023 and that Credit Corp's response was to send him a generic "debt validation" letter. (SACC paras. 5-6.) The court concludes this is sufficient to state a claim.
Credit Corp's contrary arguments conflate the requirements of 15 USC 1692g(a) with 1692g(b). Section 1692g(b) provides that where a consumer disputes the validity of a debt within 30 days, the debt collector must mail "verification of the debt or a copy of a judgment." That is required even where the original notice of debt included the amount of the debt, the name of the creditor, and the name of the original creditor. Jones adequately alleges that Credit Corp did not mail "verification of the debt" as required. Because Jones has adequately alleged at least one violation of the FDCPA, the court need not consider Credit Corp's other objections to this cause of action.
Because the first cause of action is adequately pleaded, so is the second cause of action for a violation of the Rosenthal Act, Civil Code 1788 et seq. As Credit Corp acknowledges, the Rosenthal Act mirrors and incorporates the substantive provisions of the FDCPA.
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