July 6, 2020 / 9:30 PM / a month ago

Plaintiffs who do not allege they were misled cannot bring FDCPA claims - 11th Circ.

Plaintiffs cannot sue debt collectors for sending misleading collection letters under the federal Fair Debt Collection Practice Act if they do not allege they were actually misled, a federal appeals court has ruled, deepening a circuit split.

The 2-1 decision Monday from the 11th U.S. Circuit Court of Appeals upheld the dismissal of lawsuits brought by Alabama resident John Trichell and Georgia resident Keith Cooper against debt collection agency Midland Credit Management Inc, though it found they had been wrongly dismissed on the merits rather than for lack of standing.

To read the full story on Westlaw Practitioner Insights, click here: bit.ly/2O1GT89

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