On October 23, a California Court of Appeal
reversed a lower court’s decision granting an anti-SLAPP motion in a case involving a debt collection agency and a consumer. The lower court had granted the debt collection agency’s anti-SLAPP motion after the debt collection agency mistakenly sued and served a consumer with the same name — but a different birth date and Social Security number. After learning of the mistake, the debt collection agency dismissed the case, however, the consumer maintained their cross-complaint, claiming the agency violated the FDCPA and the state’s Rosenthal Act by suing the consumer for a debt owed by another person with that same name. In response, the debt collection agency filed an anti-SLAPP motion, which the lower court granted.
In reversing the lower court’s decision, the appellate court noted the FDCPA is a strict liability statute aimed at preventing abusive debt collection practices, including cases of mistaken identity. Suing the wrong person over a debt constituted a false representation of the debt’s character. The consumer’s claims had enough merit to proceed, and the case was remanded for further proceedings consistent with this opinion.
