United States District Court, D. Connecticut
Tiffany Walters, Plaintiff: Joshua R.I. Cohen, LEAD ATTORNEY,
Cohen Consumer Law, West Dover, VT.
Performant Recovery, Inc., Defendant: Jonathan D. Elliot,
LEAD ATTORNEY, Michael A. Carbone, Sabato Pellegrino Fiano,
Zeldes, Needle & Cooper, P.C., Bridgeport, CT.
MEMORANDUM OF DECISION GRANTING AND DENYING IN PART
PLAINTIFF'S MOTION TO STRIKE DEFENDANT'S AFFIRMATIVE
DEFENSES [Dkt. # 15]
Vanessa L. Bryant, United States District Judge.
Tiffany Walters brings claims under the Fair Debt Collection
Practices Act, 15 U.S.C. § 1692, et seq.
(" FDCPA" ), and the Connecticut Unfair Trade
Practices Act, Conn. Gen. Stat. § § 42-110a,
et. seq. (" CUTPA" ), against Defendant
Performant Recovery Inc. (" Performant" ), a
private debt collection agency, in connection with
Performant's efforts to collect payment on
Plaintiff's federal student loan.
Complaint was originally filed in Connecticut Superior Court,
on November 21, 2014. [Dkt. #1-1, Compl. at 1]. On December
30, 2014, Defendant removed this action to federal court.
[Dkt. #1-2, Notice of Removal, at 2]. On February 4, 2015,
Defendant filed its Answer. See [Dkt. #14]. The
Answer asserts the following four affirmative defenses:
First Affirmative Defense
Plaintiff's claims are barred, in whole or in part,
because the Complaint fails to state a claim upon which
relief may be granted.
claims, in whole or in part, have been waived by plaintiff.
claims are barred to the extent that any violation of the
Fair Debt Collection Practices Act by defendant, which
defendant denies, was not intentional and resulted from a
bona fide error notwithstanding the maintenance of procedures
reasonably adapted to avoid any such error.
Fourth Affirmative Defense
action is barred, whole or in part, to the extent that it was
commenced after the running of any applicable statute of
[ Id. at 4-5].
days later, on February 10, 2015, Plaintiff filed a Motion to
Strike each of the affirmative defenses for failure to comply
with the pleading requirements in Rule 8 of the Federal Rules
of Civil Procedure and other legal deficiencies. [Dkt. #15].
For the reasons that follow, ...