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Response To Motion To Dismiss

This document is the plaintiff's response to a motion to dismiss filed by AllianceOne Receivables Management. The plaintiff argues that AllianceOne's motion appears to have been filed in bad faith. The complaint clearly specifies that AllianceOne illegally pulled the plaintiff's credit report and attempted to collect a nonexistent debt. The plaintiff requests that the court deny AllianceOne's motion to dismiss, as the well-pleaded allegations in the complaint must be accepted as true at this stage.

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563 views2 pages

Response To Motion To Dismiss

This document is the plaintiff's response to a motion to dismiss filed by AllianceOne Receivables Management. The plaintiff argues that AllianceOne's motion appears to have been filed in bad faith. The complaint clearly specifies that AllianceOne illegally pulled the plaintiff's credit report and attempted to collect a nonexistent debt. The plaintiff requests that the court deny AllianceOne's motion to dismiss, as the well-pleaded allegations in the complaint must be accepted as true at this stage.

Uploaded by

FreedomofMind
Copyright
© Attribution Non-Commercial (BY-NC)
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOC, PDF, TXT or read online on Scribd
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UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA ORLANDO DIVISION NAME, individually and on behalf of others similarly

situated, as a private attorney general; Plaintiff, Case No. 000000 -vE !"#A$ "N#%&MA'"%N (E&)"CE( **C; et al., +efendants. PLAINTIFFS RESPONSE TO DEFENDANT ALIANCEONE RECEIVABLES MANAGEMENT, INC.S MOTION TO DISMISS AND MEMORANDUM OF LAW Plaintiff, Name, hereby responds to +efendant Allian,e%ne &e,eivables Management, "n,.-s .Allian,e%ne/ Motion to +ismiss Plaintiff-s Complaint and Memorandum of *a0, and states1 2. "t is diffi,ult to ,omprehend the basis for Allian,e%ne-s motion, 0hi,h appears to have been filed in bad faith. 3. 'he Complaint spe,ifies that Allian,e%ne illegally pulled Plaintiff-s ,redit report and illegally attempted to ,olle,t on a none4istent debt. 'he fa,tual bases of Plaintiff-s allegations against Allian,e%ne are ,rystal ,lear1 5226. %n 7une 36, 3008, Allian,e%ne initiated a hard pull of Plaintiff-s ,redit report from E4perian 0ithout permissible purpose, thereby redu,ing his ,redit s,ore.9 5230. %n or about #ebruary :, 3006, Allian,e%ne sent Plaintiff a letter attempting to ,olle,t on a none4istent alleged debt.9 ;. "f true, and Plaintiff affirmatively asserts that both of these statements are true, <226 is inherently a ,lear-,ut violation of the #air Credit &eporting A,t and <230 is inherently a ,lear,ut violation of both the #air +ebt Colle,tion Pra,ti,es A,t and the #lorida Consumer Colle,tion Pra,ti,es A,t.

:. "t is not ne,essary in this &esponse to outline e4a,tly ho0 Allian,e%ne-s a,tions violated the la0. Allian,e%ne-s o0n motion does this =uite effe,tively. !nfortunately this fa,t seemed to es,ape the attention of Allian,e%ne-s attorney, +ale '. >olden. ?. 'he Court should not tolerate an utterly frivolous motion su,h as this by a party 0ho does not 0ish to have its illegal a,tivities e4posed. @. Plaintiff respe,tfully re=uests that the Court taAe noti,e of the 0ell-pleaded allegations of the pro se Plaintiff-s ,omplaint, 0hi,h this Court must a,,ept as true at this Bun,ture of the pro,eedings, and 0hi,h, in light of the Plaintiff-s pro se status, the Court must hold to a less stringent standard than formal pleadings drafted by an attorney and ,onstrue liberally. (ee Caines v. Derner, :0: !.(. ?26, ?30, 63 (.Ct. ?6:, ?6@, ;0 *.Ed. 3d @?3 .2683/. ECE&E#%&E, Plaintiff re=uests that the Court deny Allian,e%ne-s Motion to +ismiss, and instru,t Allian,e%ne-s attorney, +ale '. >olden, to ,ease filing frivolous motions. +ated1 Mar,h 22, 3020 &espe,tfully submitted,

Name (treet Address City, (tate Fip Phone <

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