Consumer Financial Services Law

FEBRUARY 27, 2018

Merriam Webster Dictionar y The Third Circuit has refined its position as to whether collection of time-barred debt may violate the FDCPA where the communication involves an offer to settle. Allied’s motion to dismiss was granted by the district court which relied on prior Third Circuit precedent, Huertas v. 3d 28 (3 rd Cir.

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Troutman Sanders

FEBRUARY 8, 2021

” Here, the court reasoned that the plaintiff’s claim that the defendant’s letter was “false and misleading” fell within that category. The court granted the defendant’s Rule 12(b)(6) motion to dismiss on one count, but denied it on the other three counts.

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FDCPA Defense

MAY 6, 2014

Courts at both the circuit court level and the district court level have repeatedly recognized that when consumers pay their debts, this is likely to improve their credit. More recently, the Fifth Circuit embraced the reasoning of Durkin in the case of McMurray v. PROTECT YOUR CREDIT REPUTATION. SEND PAYMENT TODAY. at 418, n.

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