EXHIBIT(S) - B - LAST USE OF CARD STATEMENT August 01, 2024 (2025)

EXHIBIT(S) - B - LAST USE OF CARD STATEMENT August 01, 2024 (1)

EXHIBIT(S) - B - LAST USE OF CARD STATEMENT August 01, 2024 (2)

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  • EXHIBIT(S) - B - LAST USE OF CARD STATEMENT August 01, 2024 (6)
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  • EXHIBIT(S) - B - LAST USE OF CARD STATEMENT August 01, 2024 (8)
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FILED: MADISON COUNTY CLERK 08/01/2024 03:49 PM INDEX NO. EF2024-1692NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 08/01/2024 Tromberg, Morris & Partners, PLLC ExHIBIT "B" (LAST USEOF CARDSTATEMENT/BALANCE) Matter #: 520364 S_EXH-LPAMFILED: MADISON COUNTY CLERK 08/01/2024 03:49 PM INDEX NO. EF2024-1692NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 08/01/2024 PAGE1OF4 Account no. **** ****-****-2657 Newbalance $4 801.31 Minimum payment due $273.00 Previous balance $4,824.28 Payment due date 07/10/2022 Payments -159.00 0.00 Late payment warning: Other credits If we do not receive your minimum payment by 07/10/2022 you may Purchases 0.00 Other debits 0 00 ha e to pay up to a $41.00 late fee Cash advance 0.00 Minimumpayment warning: If you makeonly the minimum Balance transfer 0.00 payment for each period, you will pay more in interest and it will take Fees charged 41.00 you longer to pay off your balances. For example: Interest charged 95.03 Newbalance $4,801.31 if you makeno additional You will pay off And you will charges using this card the balance shown end up paying an Past due amount 130.00 and each month you pay: on the statement estimated total Credit limit $12,500.00 in about: of: Available credit $7,698.69 Only the minimum payment 15 years $13045 Cash credit limit $0.00 . informanon regadag credt counseHng seMces, Available cash $0.00 can 1-800-284470& Statement closing date 06/13/2022 Days in billing cycle 29 841 ning n to pay an$use Corner s EasyPayMrs safe and cemententsUse yO° smartphone camere or code. reader to scaÇlie QV o p ted on yourpaymen tub below topet start d Eam3%cash back on most in-Club and Your available award balance is DorUtforget. You save $0.10 off/gal. at BJs.com purchases with your card·² currently $20.00. You also have $6.34 BJ's Gas®every day. Plus, eam 2% Visit BJs.com/account/rewards to in eamings toward your next award.* cash back at non-BJ's gas stations see how manyawards you have Don't forget that awards can be used with your card.¹ See the Additional available to redeem today. See the at checkout in-Club or online. See the Important Messages section for Additional Important Messages section Additional Important Messages details. for details. section for details. TRANSDATE TRANSACTION DESCRIPTION/LOCATION AMOUNT 05/20/2022 PAYMENT - THANKYOU -159.00 ...................__..... ....-----..---...................--_...... ......-----............--...............--..........--........ ............--........................ ..........-----......... Fees 06/10/2022 LATEFEE 41.00 Total fees charged for this period $41.00 Interest charged interest charge on purchases $95.03 interest charge on cash advance $0.00 interest charge on balance transfer $0.00 Total interest for this period $95.03 .--...----....--..-..-2.0 CE See e e e a Pleasetearat perforationabove Account number **** **** **** Newbalance Minimumpayment * $4,801.31 $273.00 99 3 ¡ Mailed payments must reach us by epmET Yes, I have moved or updated my Amount on 07/10/2022. e-mail address - see reverse. enclosed: $ Please make check payable to: cOMENITY - My BJ's Perks Mastercard I pu lililgjjll|mil |g||di upd I id||jlp pl|r Please retum this portion along with your payment to: JOSHUA BRAYTON 7362 WHEELER RD POBOX650113 CHITTENANGO NY13037-9509 DALLASTX 75265-0113 lm Ilpijig|l n linpljqg|l jlpp 111|1111111]sp |l||FILED: MADISON COUNTY CLERK 08/01/2024 03:49 PM INDEX NO. EF2024-1692NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 08/01/2024 Keepthisportionforyourrecords. CREDIT REPORTING. Wemayreportinformationaboutyouraccountto WhatToDo11YouThinkYouFindA MistakeOnYourStatement creditbureaus.Latepayments, missedpayments, orotherdefaultsonyour 11youthinkthereisanerroronyourstatement,writeto usat: Comenity accountmay& rek Myour cm repod CapitalBankPOBox182620,Columbus, Ohio43218 2620. NOTICE OFCREDIT REPORT DISPUTES If youbelievetheaccount . . . informationwereportedto aconsumerreportingagencyis inaccurate,you in yourletter,giveusthe foHowmg mformation: " Accountinformation:Yournameandaccountnumber. maysubmita directdisputeto ComenityCapitalBankPOBox182120, * Dollaramount:Thedollaramountof thesuspectederror· Columbus, Ohio43218-2120.Yourwrittendisputemustprovidesufficient informationto identifytheaccountandspecifywhytheinformationis " Description of Problem:if youthinkthereis anerroronyourbill, inaccurate: describewhatyoubelieveis wrongandwhyyoubelieveit isa mistake. " AccountInformation:Yournameandaccountnumber " Contactinformation:Youraddressandtelephonenumber Youmustcontactuswithin60daysaftertheerrorappeared onyour " DisputedInformation:identifytheaccountinformationdisputedand statement. explainwhyyoubelieveit is inaccurate Youmustnotifyusof anypotentialerrorsin writing.Youmaycall us,but if . Supporting Documentation: If available,providea copyof thesectionof youdowearenotreqmredto investigateanypotentialerrorsandyoumay thecreditreportshowingtheaccountinformationyouaredisputing haveto paytheamountin question. Whileweinvestigate whetheror nottherehasbeenanerror,the following Wewill investigatethedisputedinformationandreporttheresultstoyou within30 daysof receiptof themformationneededforourinvestigatNn.If W c nnottry tocollecttheamountin question,or reportyouas wefind thattheaccountinformationwereportedis inaccurate,wewill dehnquentonthatamount. promptlyprovidethe necessary correctionto eachconsumer reporting " Thechargein questionmayremainonyourstatement.andwemay agencyto whichwereportedtheinformation. continueto chargeyouinterestonthatamount.But,if wedeterminethat PAYMENTS MARKED "PAIDIN FULL".All writtencommunications wemadea mistake,youwihnothaveto paytheamountin questionor regardingdisputedamountsthatinclude anycheckor otherpayment instrumentmarked"paymentin full" or similarlanguage, mustbesentto: anyinterestorotherfeesrelatedto thatamount. - 3000 KeltwayDrive,Suite120Carrollton,TX75006. " Whileyoudonothaveto paytheamountm question,youareresponsible DONOTUSETHEENCLOSED REMITTANCE ENVELOPE. fortheremainder of yourbalance· - Wemayacceptpaymentsentto anyotheraddresswithoutlosinganyof * Wecanapplyanyunpaidamountagainstyourcreditlimit· ourrights. - Nopaymentshalloperateasanaccordandsatisfactionwithoutprior YourRightsIf YouAreDissatisfiedWithYourCreditCardPurchases wettenapproval. if youaredissatisfiedwiththegoodsorservicesthatyouhavepurchased withyourcreditcard,andyouhavetriedin goodfaith to correctthe CUSTOMER SERVICE.Visitcomenity.net/bis orcall 1-855-269-1622 (My prouemwiththe merchant,youmayhavetherightnotto paythe remaining or 1-844-27Ix2535(MyBJs PerksWorld BTsPerksMastercard) amountdueonthepurchase. (TDD/TTY Mastercard) 1-888-819-1918). Tousethis right,anof the fo)Iowingmustbetrue: TELEPHONE MONITORING, Toprovideyouwithhighqualityservice,phone communication withusis monitoredand/orrecorded. 1.Thepurchasemusthavebeenmadein yourhomestateor within100 . milesof yourcurrentmailingaddress,andthepurchasepricemusthave ADDITIONAL INFORMATION. whenappearing Thefollowingdesignations, beenmorethan$50.(Note:Neitherof theseis necessary if yourpurchase onthefrontof yourstatement,meanthefollowing:V meansvanablerate wasbasedonanadvertisement wemailedtoyou,or it weownthecompany (thisratemayvaryhWVINTPAYRQmeansWAlVEINTEREST, PAYMENT thatsoldyouthegoodsorservices.) REQUIRED; WVINTEQPYmeansWA1VE INTEREST.EQUAL PAYMENT; WV INTLOWPMTmeansWAtVEtNTEREST, LOWPAYMENT; DFINTPYRQ 2.Youmusthaveusedyourcreditcardfor thepurchase,Purchases made meansDEFERINTEREST, PAYMENT HEQUIRED: DEFINI EQPYmeans withcashadvances fromanATMor witha checkthataccesses yourcredit DEFER INTEREST, EQUALPAYMENT; DFINTLOWPMTmeansDEFER cardaccountdonotquality. fNTEllEST, LOWPAYMENI andLOWAPREQPAYmeansLOWAPR,EQUAl PAYMENT. If youhaveavariablerateaccount,yourperiodicratesmayvary. 3. Youmustnotyethavefully paidforthepurchase. Youmaypayall of yourAccountbalanceat anytimewithoutpenalty It afi of thecriteriaabovearemetandyouarestill dissatisfiedwiththe Sendall inquiriesto: CUSTOMER POBox183003,Columbus, contactus in writingat: Comemly CapitaiBankPOBox182620, SERVICE, purchase, Ohio43218-3003 Columbus, Ohm43218-2620. Whiteweinvestigate, thesamerulesapplyto thedisputedamountas Sendall bankruptcynoticesandrelatedcorrespondence to Comenity discussed above.Afterwefinishour mvestigabon,wewifi tenyouour CapitalBank,Bankruptcy Department, POBox183043,Columbus, Ohio decision.At thatpoint,if wethinkyouoweanamountandyoudonot pay 43218-3043 wemayreportyouasdelinquent. NOTICE ABOUTELECTRONIC CHECK CONVERSION. Whenyouprovidea checkaspayment,youauthorizeuseithertouseinformationIromyour PAYlNG (NTEREST. Yourduedateisat least25daysafterthecloseof each checkto make a one-timeelectronicfundtransferfromyouraccountor to billing cycle.Wewit! notchargeyouinterestonpurchases if youpayyour processthepaymentasa checktransaction.Whenweuseinfom1ation from entirebalanceby theduedateeachmonth.Wewill begincharginginterest yourcheckto makeanelectronicfundtransfer,fundsmaybewithdrawn onbalancetransfersandcashadvances onthetransactiondate.Wewill fmmyouraccountassoonasthesamedaywereceiveyourpayment,and begintochargeinterestonnewpluchases madeundera LowAPR,Equal youwiffnotreceiveyourcheckbackfmmyourfinancialinstitution. Payment or BudgetPaymentCreditPlanfromthedateof purchase. BALANCE COMPUTATION METHOD. Wecalculateinterestseparatelyfor eachtypeof balanceonyouraccountusinga "DailyBalance"todetermine interestchargesforeachbilling period.Wefiguretheinterestchargeon balance" youraccountbyapplyingtheperiodicrateto the"daily of your accountforeachdayin the billing cycle.Togetthe "dailybalance"wetake the beginningbalanceof youraccounteachday,addanynewpurchases, advances. feesandbalancetransfers,andsubtractanypayments orcredits (treatinganynetcreditbalanceasa zerobalance).Thisgivesusthe daily balance. PAYMENTS. PayyourAccountbythepaymentduedatebythetimelistedbelow.If wedonotreceiveyourpaymentin a correctformat(outlinedbelow)it maynotbecreditedto yourAccountfor up to fivedays,or mayberejected.Also,yourpaymentmustreachus bythepaymentcutofftimethatappliesto thepaymentmethodyouselect.Thiscardis issuedbyComenity CapitatBankpursuantto a ticensefromMastercard IntemationalIncorporated. Mastercard is a registeredtrademark of MastercardIntemationalIncorporated. ConectFormat.Correctformatfor differentpaymentmethodsinclude: Mailingor Ovemight: Senda personalcheck,moneyorder,traveler'scheckorcashier'scheckpayablein U.S.dollars,to thenameandaddressshownon thisStatementin thepaymentstubareacontainingyourbalanceandminimumpaymentamount.Besureto includeyourpaymentstub,donotstapleor chp yourpaymentto the stub,includeyouraccountnumberonyourcheck,usetheenvelopeprovidedwithyourStatement,sendonepaymentwithone paymentstubanddonotsendanycorrespondence withyourpayment.Youshouldovemighta paymentto 3000 KellwayDrive,Suite120Carroliton,TX 75006andtheadditionalformatrequirements arethesameasothermailedpayments unlessthereis a dispute,in whichcaseyoufollowthePayments Marked"Paidin FuT sectionabove.Donotsendcashorgift certificates.PayBy Phone:Youcancall ustoll freeat 1-855-269-1622(MyBTsParks Mastercard) or 3-844-2 2535 (MyBTsPerksWorldMastercard) (TDD/TTY:1-888-839-1918) to makea paymentbytelephone,whichmayincludea tee. Online:Youcanmakea paymentonlineat comenity.net/bjs. Payment CutoffTimes.Payment cutofftimes/deadlinesforusto receivepayments arebytheduedateonthisStatementin thepaymentstubareaat the followingtimes:MailingandOvemightBy 6:00pmEastemTimeCET): PayBy Phone:By S:00pm(ET):Online:By 5:00pm(ET). NewInformation _ Title (optional) First Narne MI Last Name Soc. Sec. No. Street Address Apt No. RR _________________ POBox City State Zip Code ________ ForeignMap Code HomePhone WorkPhone Email AddressFILED: MADISON COUNTY CLERK 08/01/2024 03:49 PM INDEX NO. EF2024-1692NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 08/01/2024 PAGE30F4 2022 totals year to date Total fees charged in 2022 $123.00 Total interest charged In 2022 $576.67 Interest charge calculation Your Annual Pe-centage Rale (APR) is the annual interest rate on your accounI. See BALANCECOMPUTATION METHOD on page 2 fo- mo-e details. Minimum interest charge mayexceed interest charge below. pe- you- credit card agreement. TYPEOF BALANCESUBJECT INTEREST BALANCE APR TOINTERESTRATE CHARGE Purchases 25.2400% (v) 4,738.72 95.03 Cash advances 27.2400% (v) 0.00 0.00 Protecting your account from online fraud If you're shopping online and are asked to verify your purchase by confirming the last four digits of your mobile phone number, this is a security step we've put in place on your behalf - it is safe to provide this information. Onceyou confirm it, we will use the mobile phone number on file with your My BJ's Perks Mastercard credit card account to send you a verification code via text message. Save on Interest Payrnent: You can check Account Center 24/7 for up-to-date balance and payment amounts including any new payments, transactions, fees and daily accruing interest. You can avoid accruing additional daily interest on non-promotional purchases by paying the Save on Interest Payment amount by your billing statement due date, The Save on Interest Payment includes. - The balance of all non-promotional purchases and cash advances. - The full remaining balance of deferred interest promotional credit plans expiring in the billing period. - The required minimumpayment amount for any other promotional credit plan or balance transfer. - Interest charges calculated from the last billing date. In case you've overlooked it, we want to remind you that we have not received the minimumpayment due. If you've already madeyour payment, thank you. If not, you can simply visit Comenity EasyPay at comenity.net/easypay to schedule your payment, or to makea payment over the phone using your bank account, call 1-855-816-2423 (TDD/TTY 1-888-819-1918). You may request certain types of communications in an attemative format, such as large print, braille by calling 1-844-271-2535 (TDD/TTY 1-888-819-1918). Wevalue you as a customer and want to thank you for your business. INFORMATIONABOUTLATE FEE CREDITS IMPORTANT Wemay occasionally provide a credit for the amount, part or all, of a late fee charged to your account. if we do, we will charge a fee of up to $41.00 for any subsequent late payment. In addition, we may reverse the credit and repost the charge to your account if you fail to makethe minimumpayment due on or before the due date in the next billing period. *Earning balance as of the statement period prior to statement receipt. Please refer to BJs.com/account/rewards to get your most accurate and up to date balance. This rewards program is provided by BJ's Wholesale Club, Inc. and its terms may change at any time. For full Rewards Terms and Conditions, please see BJs.com/perksterms and BJs.com/terms. **Authorized users are allowed to purchase on your account; however, as the primary account holder, you are responsible for payments on all purchases. 'Offer is exclusive to My BJ's Perks® Mastercard® Credit Card holders enrolled in the My BJ's Perks® program. For offers associated with a specific category, earnings will only be awarded if the merchant (CONTINUED) ............................................. ................. ......................................... .................................................. ................. .................................................. ................. ....FILED: MADISON COUNTY CLERK 08/01/2024 03:49 PM INDEX NO. EF2024-1692NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 08/01/2024 PAGE4 OF4 code for the purchase matches a category eligible for the offer. Each merchant is ass gned a code by a third party that indicates the merchants area of business. Comenity Bank does not have the ability to control assignment of merchant codes. 2Offer is exclusive to My BJ's Perks® Mastercard® Credit Card holders enrolled in the My BJ's Perks® program. Alcoholic beverages, cigarettes or tobaccorelated products, lottery tickets, gift cards, propane, gasoline, BJ's MemberServices (such as BJ's Auto Buying Program®, cellular phone services, BJ's Optical Department®, BJ's Travel®), purchases through delivery.BJs.com, other purchases not recorded through BJs.com or Club frontend registers, Global Sales transactions, or as posted at the Member Services Desk are excluded. This rewards program is provided by BJ's Wholesale Club, Inc. and its terms may change at any time. Credit card offers are subject to credit approval. Cashback is in the form of electronic Awards issued in $10 increments that are used at checkout at BJ's and expire six months from the date issued. Must contact BJ's MemberCare at 800BJSCLUB to request cash back in the form of a check prior to Award expiration. My BJ's Perks® Mastercard® Credit Card Accounts are issued by Comenity Capital Bank pursuant to a license from Mastercard international Incorporated. Mastercard and the Mastercard Brand Mark are registered trademarks of Mastercard International Incorporated. GOPAPERLESS and manage your account online! With paperless billing, you receive an email reminder prior to your payment due date. Get started today by visiting mybjsperks.com STEP 1: Sign in or register your account. STEP 2: Click Paperless account preference on the home page. Howcan you take charge against ID Theft? Visit idtheft.gov to find out.

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In the first step, the defendant or moving party mustmake "a threshold showing that the challenged cause of action is one 'arising from' protectedactivity." (Barry v. State Bar of California (2017) 2 Cal.5th 318, 321, quotations omitted (Barry).) In thiscontext, the term "protected activity" refers to speech or petitioning activities. (Barry, 2 Cal.5th at p.321.) A claim arises from protected activity when that activity underlies or forms the basis for theclaim; otherwise stated, "the defendant's act underlying the plaintiff's cause of action [must] itself[be] ... an act in furtherance of the right of petition or free speech." (Park v. Board of Trustees ofCalifornia State University (2017) 2 Cal.5th 1057, 1063, quotations omitted (Park).) "[T]he focus is ondetermining what 'the defendant's activity [is] that gives rise to his or her asserted liability—andwhether that activity constitutes protected speech or petitioning.'" (Ibid.) In teasing out whetherprotected conduct exists, courts should consider the elements of the challenged claim and whatactions by the defendant supply those elements and consequently form the basis for liability. (Ibid.)If the court finds the defendant or moving party succeeds at the first step, then the burden shifts tothe plaintiff to "demonstrate[] a probability of prevailing on the claim." (Ibid. [quotations omitted].)At the second step, courts "evaluate the defendants' evidence only to determine if it defeats thatsubmitted by the plaintiff as a matter of law.' [Citation.] '[I]n order to establish the requisiteprobability of prevailing [citation], the plaintiff need only have "'stated and substantiated a legallysufficient claim.'" [Citation.] "Put another way, the plaintiff 'must demonstrate that the complaint isboth legally sufficient and supported by a sufficient prima facie showing of facts to sustain a favorablejudgment if the evidence submitted by the plaintiff is credited.'"' [Citation.] ... That burden [is] notparticularly high." (Area 51 Productions, Inc. v. City of Alameda (2018) 20 Cal.App.5th 581, 602.)"Claims with the requisite minimal merit may proceed." (Navellier v. Sletten (2002) 29 Cal.4th 82, 94.)Step One–Protected ActivityFiling a collection action is protected activity under California's anti-SLAPP statute. (See, e.g., Yu v.Signet Bank/Virginia (2002)103 Cal. App. 4th 298, 316 ["Since the [plaintiff's'] case is based entirely onthe collection actions [creditor-banks] filed against them, we conclude that it satisfies the 'arisingfrom' standard."], disapproved of on other grounds in Newport Harbor Ventures, LLC v. Morris CerulloWorld Evangelism (2018) 4 Cal. 5th 637, 646). Walker concedes his claim against MLG arises fromprotected activity, namely the allegations in the collection complaint MLG filed on behalf of its client,LVNV. The parties’ dispute centers on the second step of the anti-SLAPP analysis.Step Two–Probability of PrevailingWalker claims he has demonstrated a probability of success on the claims against Weingarten. Inparticular, Walker contends that Weingarten does not dispute that he is a debt collector, that Walkeris a debtor/consumer, or that the debt falls within the scope of the FDCPA and the RFDCPA.Weingarten claims he “was not involved in drafting or approving the Collection Complaint,” and “didnot sign, file, submit or advocate for the Collection Complaint.” Therefore, Weingarten argues he“cannot be found liable for representations in the Collection Complaint.” Walker responds thatWeingarten has not established this assertion as a matter of law, and cross-defendants’ discoveryresponses are to the contrary. Walker claims that because he is able to point to evidence thatWeingarten engaged in his own debt collection activity with regard to his debt, Walker meets the“minimal merit” threshold to defeat the anti-SLAPP motion.On March 8, 2024, MLG served its Responses to Cross-Complainant’s Special Interrogatories (Set One)and Requests for Production of Documents (Set One), accompanied by production of documentsBates-stamped MLG 000001 through MLG 000146. In the interrogatory responses, Cross-Defendantsstated as follows: SPECIAL INTERROGATORY (SET ONE) NO. 8: Please describe in complete detail, step-by-step, the process which resulted in Exhibit “1” [the collections complaint] being drafted, filed, and served on Defendant/Cross- Complainant, MARK T. WALKER. YOUR answer should include references to any and all DOCUMENTS which support your answer. RESPONSE: [Objections]… Notwithstanding these objections, and without these objections (sic), Martin Weingarten reviewed the account and confirmed the account was within the statute of limitations in accordance with the procedure for initial review of a referred matter, executing the review check list on January 27, 2023. Teona Pipia reviewed the lawsuit and executed the Suit Review Check List on or about March 13, 2022, signing the lawsuit, which was then transmitted to a process server for filing. Cross-Defendants further stated in interrogatory responses: SPECIAL INTERROGATORY (SET ONE) NO. 11: Please IDENTIFY any and all PERSONS with any role or responsibility for reviewing, approving, evaluating or implementing any method, policy, procedure, or practice adapted by YOU to avoid violation of the federal Fair Debt Collection Practices Act, 15 U.S.C. §§ 1692-1692p, and describe such person’s role or responsibility. RESPONSE: [Objections] … Notwithstanding these objections, and without waiving these objections, Christopher Mandarich, Mandarich Law Group, LLP, 164 North Peoria Street, Chicago, IL 60601; Teona Pipia, 50 E. 16th Street, # 1203, Chicago, IL 60616, 716-204-5270; and Martin Weingarten, 5807 Topanga Canyon Blvd H302, Woodland Hills, CA 91367, 818-992-1980, all of whom have reviewed and implemented the procedures described in response to Interrogatory 10. Their business address is 550 W. Washington Blvd, Chicago, IL 60661, 877-285-4918. Responding Party is represented by counsel, and Mr. Mandarich and Ms. Pipia should be contacted through counsel.Walker argues that in addition to the above interrogatory, cross-defendants’ document productionindicates that Weingarten was responsible for accepting placement of the debt, determining that thedebt was within statute, and attempts to collect the debt. The March 8, 2024, document productionincludes a document Bates-numbered MLG 000112 through MLG 000113 and titled “Review:AR_00INITAL, Attorney Review / Initial Placement.” This document states that it was reviewed onJanuary 27, 2023 by “MRW” (presumably moving party Martin R. Weingarten). The document alsocontains a notation indicating that Weingarten “reviewed the account and confirmed the account waswithin the statute of limitations.”Walker asserts that a document from the March 8, 2024, document production titled “HistoryReport/For Account: 4650358/Mark T. Walker” also supports Walker’s position and contradicts Pipia’sdeclaration statements. Page MLG 000093 bears a notation “Review AR 00INITAL Passed” datedJanuary 27, 2023, and tagged to operator “MRW.” According to Walker, this confirms the statute oflimitations review by Weingarten described above. Additionally, page MLG 000092 bears thenotation below, also tagged to operator “MRW.” Action: 01/27/2023 12:00 AM 00DM Initial Demand Letter Review Pass Auto Add" Review Pass Auto Add AssignedTo: XAA Completed CM-Complete: 01/29/2023 02:52 A By: MX2According to Walker, this notation indicates that user MRW (Weingarten) reviewed and approved theinitial demand letter related to Walker’s debt. Walker argues the foregoing shows that Weingartentook his own actions which led to the collection complaint being filed, giving rise to liability under theFDCPA/RFDCPA.Weingarten responds that Walker has failed to demonstrate that he made any representations toWalker, much less material misrepresentations. Nor has Walker established that Weingarten’s act of“approving the file” for collection was unfair or unconscionable since the debt, even if time-barred,could still be collected (albeit voluntarily). Weingarten adds that Walker cites no case on analogousfacts in which an individual was found to be liable. Weingarten states that just because he believedthe statute of limitations had not run does not result in the conclusion that he advocated for litigationin this case.As to whether Weingarten can be held individually liable, courts have interpreted FDCPA's definitionof "debt collector" to include not only debt collection businesses, but under certain circumstances,employees of those businesses as well. (See 15 U.S.C. § 1692a(6); see also Robinson v. ManagedAccounts Receivable Corp. (C.D. Cal. 2009) 654 F.Supp.2d 1051, 1059 [holding that employees of adebt collection organization may be held personally liable as debt collectors for acts committedduring the scope of employment].) In order to assert a claim against an individual employee under theFDCPA, Plaintiff must show the employee: "(1) materially participated in collecting the debt at issue;(2) 'exercise[d] control over the affairs of [the] business'; (3) was 'personally involved in the collectionof the debt at issue'; or (4) 'was regularly engaged, directly . . . [or] indirectly, in the collection ofdebts.'" (Schwarm v. Craighead (E.D. Cal. 2008) 552 F.Supp.2d 1056, 1073 [citations omitted].)Only a cause of action that satisfies both prongs of the anti-SLAPP statute— i.e., that arises fromprotected speech or petitioning and lacks even minimal merit— is a SLAPP that is subject to beingstricken under the statute. (Monster Energy Co. v. Schechter (2019) 7 Cal.5th 781, 793 [stating "aplaintiff's burden at the second anti-SLAPP step is a low one, requiring only a showing that a cause ofaction has at least 'minimal merit within the meaning of the anti SLAPP statute'"].)"In deciding the question of potential merit, the trial court considers the pleadings and evidentiarysubmissions of both the plaintiff and the defendant (CCP § 425.16, subd. (b)(2)); though the courtdoes not weigh the credibility or comparative probative strength of competing evidence, it shouldgrant the motion if, as a matter of law, the defendant's evidence supporting the motion defeats theplaintiff's attempt to establish evidentiary support for the claim." (Wilson v. Parker, Covert &Chidester (2002) 28 Cal.4th 811, 821 [emphasis added]; see also Integrated Healthcare Holdings, Inc.v. Fitzgibbons (2006) 140 Cal.App.4th 515, 530 [a plaintiff or cross-complainant in "a SLAPP motion [isallowed] a certain degree of leeway in establishing a probability of prevailing on its claims due to 'theearly stage at which the motion is brought and heard [citation] and the limited opportunity toconduct discovery'"]; Monster Energy Co., 7 Cal.5th at 795 [stating that "at the second anti-SLAPPstep, a court 'does not weigh the credibility or comparative probative strength of competingevidence... [i]t 'accepts the plaintiff's evidence as true, and evaluates the defendant's showing only todetermine if it defeats the plaintiff's claim as a matter of law... [w]e resolve conflicts and inferences inthe record in favor of plaintiff"].)In its discovery responses, WLG stated that Weingarten reviewed the account and confirmed that itwas within the statute of limitations as part of “the process which resulted in [the collectionscomplaint] being drafted, filed, and served on” Walker. Although the court finds this to be a closecase, plaintiff’s evidence, contrasted with Pipia’s declaration statements, creates a factual disputeregarding Weingarten’s personal involvement in collecting the debt in this case and is sufficient todefeat Weingarten’s anti-SLAPP motion.ConclusionPlaintiff has met the “minimal merit” threshold to defeat Weingarten’s anti-SLAPP motion. As such,the motion is denied.

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