Seventh Circuit Affirms Dismissal Of Consolidated Class Actions Under The Fair Debt Collection Practices Act Based On Faulty Survey Evidence

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In DeKoven v. Plaza Associates (No. 09-2016) and Kubert v. Plaza Associates (No. 09-2249), which were consolidated for decision, the United States Court of Appeals for the Seventh Circuit affirmed the dismissal of class actions brought under the Fair Debt Collection Practices Act regarding allegedly confusing dunning letters. In both cases, the District Court found that survey evidence offered by the plaintiffs' expert was flawed and entered summary judgment in favor of the defendant, Plaza Associates.

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