from the entity whose real interests are at stake in the proceedings, thereby giving rise to a possible conflict of interest. Id. A collection agency may file suit in its own name only when it has become the legal and equitable owner of the debt through an assignment that satisfies all of the requirements set forth in Ohio Revised Code § 1319.12. See Ohio Rev.Code § 1319.12(C). The collection agency need not adhere to the assignment requirements in § 1319.12(C) if it restricts its collections methods to exclude legal action. See Ohio Rev.Code § 1319.12(B). When a collection agency engages in the unauthorized practice of law, it constitutes an “action that cannot legally be taken” within the meaning of the FDCPA. See, e.g., Poirier v. Alco Collections, Inc., 107 F.3d 347 (5th Cir.1997)' (<HOLDING>); Marchant v. U.S. Collections West, Inc., 12
holding that collections agency violated  1692e5 when it engaged in the unauthorized practice of law by instituting a lawsuit against a debtor since the debt had not been properly assigned holding that a lawsuit against a corporation that purchased assets from a bankrupt is not a claim against the debtor holding that debt collector violated fdcpa when it held debtor liable for court costs that had not yet been awarded holding that college violated stay by not delivering transcript to chapter 7 debtor when debt had not yet been determined dischargeable holding that an answer that asserts a counterclaim against a plaintiff who then becomes a bankruptcy debtor is an action or proceeding against the debtor within the meaning of  362a1 notwithstanding the fact that the debtor initiated the lawsuit