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Motion to Dismiss › Settlement Offer

Carlton Fields

Plumbers Overcome Spokeo-Based Standing Blockage in Putative TCPA Class Action

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The Northern District of Illinois cleared the way for a plumbing company’s putative TCPA class action against Allstate Insurance Company and Oh Insurance Agency by denying defendants’ motions to dismiss, which were inspired...more

Smith Debnam Narron Drake Saintsing & Myers,...

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

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Settle (verb): “to conclude (a lawsuit) by agreement between parties usually out of court. Merriam Webster Dictionary - The Third Circuit has refined its position as to whether collection of time-barred debt may violate...more

Ballard Spahr LLP

Collection Letter Making Settlement Offer for Time-Barred Debt Can Violate FDCPA Without Legal Action Threat, Third Circuit Rules

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A letter sent to collect a time-barred debt that makes a settlement offer can, even without a threat of legal action, violate the Fair Debt Collection Practices Act's (FDCPA) general prohibition against a debt collector's use...more

Smith Debnam Narron Drake Saintsing & Myers,...

District Court Opinion Highlights Effect of Spokeo on FDCPA Claims

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A recent district court opinion from Michigan makes clear that statutory violations of the FDCPA do not absolve a plaintiff from the need to show a concrete injury in order to establish Article III standing. In Johnston v....more

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