Jones, Wolf & Kapasi, LLC Defeats Motions to Dismiss Involving Debt Collection Law Firm and Debt Buyer Not Maintaining Proper NJ License

Jones, Wolf & Kapasi, LLC (“JWK”) defeated a motion to dismiss brought by a debt collection law firm, Ragan & Ragan, P.C., and a debt buyer, First Portfolio Ventures I, LLC, in the United States District Court for the District of New Jersey. Accordingly, JWK’s client’s 15 U.S.C. 1692 et seq,. the Fair Debt Collection Practices Act (“FDCPA”) class action claims will go forward.

The client’s class action FDCPA case involves the defendants sending New Jersey consumers letters or notices in an attempt to collect a debt without first maintaining the proper license as a “consumer lender” or “sales finance company” from the New Jersey Department of Banking and Insurance (“NJDOBI”), as required under the New Jersey Consumer Finance Licensing Act (“NJCFLA”). See N.J. Stat. Ann. § 17:11C-3.

JWK attorneys Joseph K. Jones and Benjamin J. Wolf are prosecuting the client’s FDCPA case entitled: Halnery Peralta et al. v Ragan & Ragan, P.C.; First Portfolio Ventures I, LLC, et al., 1:22-cv-01660 (D. New Jersey)(KMW)(MJS).

The federal court’s Opinion denying Defendants’ motion to dismiss can be read here.

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