June 10, 2020 / 12:08 PM / a month 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

0 : 0
  • narrow-browser-and-phone
  • medium-browser-and-portrait-tablet
  • landscape-tablet
  • medium-wide-browser
  • wide-browser-and-larger
  • medium-browser-and-landscape-tablet
  • medium-wide-browser-and-larger
  • above-phone
  • portrait-tablet-and-above
  • above-portrait-tablet
  • landscape-tablet-and-above
  • landscape-tablet-and-medium-wide-browser
  • portrait-tablet-and-below
  • landscape-tablet-and-below