District Court, E.D. Virginia July 25, 2012, Case No. 1:11cv1009 (Penn v. Cumberland)

MEMORANDUM OPINION

T.S. ELLIS, III, District Judge.

At issue on a threshold motion to dismiss in this action, brought pursuant to the Fair Debt Collection Practices Act (“FDCPA”), 15 U.S.C. §§ 1692 et seq., is whether certain legal contentions made in defensive pleadings filed by a creditor’s attorney in response to a consumer’s counterclaims in a state court collection action violated the FDCPA.