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Third Circuit Holds Settlement Offer on Time-Barred Debt States Plausible FDCPA Claim

Consumer Financial Services Law

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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Is The CFBP's Position On Credit Reporting Statements Consistent With The Case Law?

FDCPA Defense

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. YOUR CREDIT REPUTATION MAY BE ADVERSELY EFFECTED.” 3d 410, 418 (7th Cir.