Debtor v. Debt Collector

Represented debt collector in class action by debtor alleging violation of the Ohio Consumer Sales Practices Act (“OCSPA”) for alleged failure to state consideration paid for the debt in an assignment document. The Richland County Court of Common Pleas granting the debt collector’s motion for judgment on the pleadings and dismissed the OCSPA claim. The court held that the debtor failed to cite to an Ohio case that was sufficiently similar to put the debt collector on notice that its alleged conduct violated the OCSPA; thus, the debtor failed to state a class claim for violation of the OCSPA. The Court further held that any amendment of the complaint to cite to cite additional authority would be futile because the proposed additional authority came from a federal court and was not a decision from a court of “this state.”