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Vagenos v. LDG Financial Services, LLC

2009 U.S. Dist. LEXIS 121490 (2009)

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Vagenos v. LDG Financial Services, LLC

United States District Court for the Eastern District of New York

2009 U.S. Dist. LEXIS 121490 (2009)

Facts

Vagenos (plaintiff) filed a class-action suit against LDG Financial Services LLC (LDG) (defendant) alleging that LDG violated the Fair Debt Collection Practices Act. Vagenos’s claim was based on a prerecorded telephone message he received from LDG. Vagenos sought to introduce a purported duplicate of this message. The duplicate was created when Vagenos played the original message on his phone and let his attorney record the message. Vagenos then deleted the original message, an act that was apparently permitted by his counsel. LDG filed a motion in limine arguing that the duplicate was inadmissible under the best evidence rule because Vagenos had destroyed the original message in bad faith. Vagenos claimed that the original was destroyed because he switched cell phone carriers.

Rule of Law

Issue

Holding and Reasoning (Cogan, J.)

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