June 10, 2020 / 12:08 PM / 2 months ago

Actual injury, not just false statements, required for FDCPA lawsuit – D.C. Circuit

False and misleading affidavits submitted in support of a debt-collection lawsuit do not give rise to a claim under the Fair Debt Collection Practices Act unless the borrower can show she was harmed by them, a federal appeals court held Tuesday.

The U.S. Court of Appeals for the District of Columbia Circuit upheld a win for Autovest LLC and debt-collector Michael Andrews & Associates in a potential class action filed by D.C. resident Phyllis Frank, who alleged that Andrews’ employees had falsely sworn they were Autovest employees in a separate debt-collection lawsuit.

To read the full story on Westlaw Practitioner Insights, click here: bit.ly/2XOAiUp

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