Georgia Court Dismisses Debt Collection Lawsuit Against Wolpoff and Abramson

Plaintiff James T. Black will have to proceed with his claim against only two out of three of the original defendants in his lawsuit involving alleged violations of the Fair Debt Collection Practices Act.

Plaintiff Black originally sued three defendants – Centurion Capital Corporation, Law Offices of Ross Gelfand, and Wolpoff and Abramson, LLP for alleged false and misleading representations, failure to validate the debt, and unfair practices under the Fair Debt Collection Practices Act. The lawsuit was filed after the Law Offices of Ross Gelfand (Gelfand) sued Black in state court for an unpaid credit card debt. However, Gelfand soon learned that it sued the wrong James Black and the lawsuit was dismissed.

The instant lawsuit was filed by Black in retaliation alleging violations against the three defendants who were alleged to have participated in debt collection activities against the wrong James Black. The court has now dismissed Wolpoff and Abramson from the lawsuit since Black failed to state any factual basis to support his claim. The court held that there were no factual assertions in the original complaint connecting Wolpoff and Abramson to the alleged violations. Specifically, Black failed to state that Wolpoff and Abramson was "either counsel in the state court action (against Black) or the attorney who maintained the action." Further, Black failed to allege the Wolpoff and Abramson communicated in any way with him in connection with the debt. Thus, there was no support for Black’s allegation that Wolpoff and Abramson violated the "Validation of Debts" provision of the Fair Debt Collection Practices Act.

Although the court dismissed the action against Wolpoff and Abramson, it did grant the plaintiffs request to file an amended complaint including factual allegations as against Wolpoff and Abramson.

Wolpoff and Abramson
Wolpoff and Abramson Debt Collection Agency