Beauvoir v. Israel, No. 14-3794 (2d Cir. 2015)
Annotate this CasePlaintiffs filed a putative class action suit against defendant, an attorney representing National Grid, a company providing natural gas to plaintiffs' home. Plaintiffs alleged that defendant's debt collection practices concerning an alleged theft of natural gas violated the Fair Debt Collection Practices Act (FDCPA), 15 U.S.C. 1692–1692p. On appeal, plaintiffs challenged the district court's grant of defendant's motion to dismiss. The court held that money owed as a result of theft is not an “obligation or alleged obligation of a consumer to pay money arising out of a transaction” and, therefore, does not constitute a “debt” for purposes of the FDCPA. Accordingly, the court affirmed the judgment of the district court.
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