Eades v. Kennedy, PC Law Offices, No. 14-104 (2d Cir. 2015)
Annotate this CasePlaintiffs filed suit against Kennedy, alleging that Kennedy’s attempts to collect a debt from plaintiffs violated the Fair Debt Collection Practices Act (FDCPA), 15 U.S.C. 1692 et seq. The district court dismissed the amended complaint. The court concluded that the district court had personal jurisdiction over Kennedy where Kennedy's three purposeful contacts with New York meet the minimum contacts test; Kennedy can easily defend itself in New York; New York has a manifest interest in the suit; and plaintiffs have an interest in adjudicating their case in the state where they reside. In regards to the FDCPA claim, the court concluded that plaintiffs’ alleged obligation to pay the $8,000 balance exists only because of the exchange of nursing home services for money and accordingly constitutes a debt under the FDCPA. However, plaintiffs have failed to allege that Kennedy's debt collection activities are actionable under the FDCPA. Accordingly, the court affirmed in part and vacated in part, remanding for further proceedings.
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