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Motion to Dismiss › Unfair or Deceptive Trade Practices › Statute of Limitations

Orrick, Herrington & Sutcliffe LLP

District court grants partial CFPB win in credit reporting case

Orrick, Herrington & Sutcliffe LLP on

On May 5, the U.S. District Court for the Central District of California granted in part and denied in part a motion to dismiss filed by the defendant, a consumer reporting agency, in a case brought by the CFPB in January...more

Smith Debnam Narron Drake Saintsing & Myers,...

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

Smith Debnam Narron Drake Saintsing & Myers,... on

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

Ballard Spahr LLP on

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

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