Kiliszek v. Nelson, Watson & Assocs., LLC, 2006 WL 335788 (M.D. Pa. Feb. 14, 2006)

Key Insight: Court granted plaintiffs’ Rule 56(f) motion to delay adjudication of summary judgment motion to allow further discovery where collection agency did not retain hard copies of collection letters but instead noted the nature and types of letters on a debtor overview report and saved copies of form letters, and where dispute existed over whether an exhibit submitted in support of defendant’s motion was an accurate reproduction of defendant’s initial communication to plaintiff or a fabrication

Nature of Case: Debtor sued collection agency under Fair Debt Collection Practices Act

Electronic Data Involved: Computer record of collection activity and form letters