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Nicholas Linko, Plaintiff, represented by Vicki A. Piontek, Piontek Law Office. American Education Services, Defendant, represented by Charles.
GC SERVICES, L.P., Defendant, represented by RICHARD J. PERR, FINEMAN this action against defendants, American Education Services (" AES ")—a In deciding a motion to dismiss under Rule courts must "accept Linko v. Am. Educ. Servs., No. 2012 WL at *4 (E.D. Pa....

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For the foregoing reasons, PHEAA's motion to dismiss will be granted. Therefore, because leave to amend should be freely granted, this claim will be dismissed without prejudice to Keller's right to file an amended complaint, should such curative facts exist.

Under the FDCPA, the term "debt collector" does not apply to an entity attempting to collect a debt "incidental to a bona fide fiduciary obligation. PHEAA Financial Reports and Trusts. Plaintiffs have failed to state any specific prohibited practice, and we thus generously assume, for the Plaintiffs' individual benefit rather than their counsel's, that they intended to proceed under the UTPCPL's "catch-all" provision, which prohibits"any other fraudulent or deceptive conduct which creates a likelihood of confusion or of misunderstanding. No required minimum balance per federal rules. The complaint must contain sufficient factual matter to be plausible on its face. Second, the FCEUA expressly excludes from the term "debt" any "amount owed to the United States or the Commonwealth. Plaintiffs admit that the Defendants were engaged in "collection activity" and contacting learn morning after pill emergency contraception "for the purpose of collection" in their Complaint. Skip to Header Navigation.




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Next, Keller's claim that PHEAA violated Pennsylvania's FCEUA fails as a matter of law. Listed below are those cases in which this Featured Case is cited. A payment that is smaller than a standard payment. The Third Circuit has held, however, that "a court may consider an undisputedly authentic document that a defendant attaches as an exhibit to a motion to dismiss if the plaintiff's claims are based on the document. If you're having trouble making your monthly student loan payments, then consolidation may be the right option for you.