January 17, 2020 / 1:49 PM / a month ago

6th Circuit dismantles FDCPA class action over law firm's garnishment fees

The 6th U.S. Circuit Court of Appeals on Thursday kicked what had been a successful class action lawsuit brought by a lawyer who accused a debt-collecting law firm of violating the Fair Debt Collection Practices Act (FDCPA) by unfairly charging her garnishment fees back to the district court to determine if the firm made “bona fide” mistakes of fact.

Circuit Court Judges Raymond Kethledge and Jeffrey Sutton, who authored the opinion, vacated the Grand Rapids, Michigan federal court’s decision that defendant Buckles & Buckles pay plaintiff Maureen Van Hoven and other class members $3,662 total in damages plus $186,680 in attorneys’ fees and the order certifying the class.

To read the full story on Westlaw Practitioner Insights, click here: bit.ly/2uQoF35

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