Two substantial debt collector victories in FDCPA cases at the end of 2013 — both of which were won by Moss & Barnett attorneys — may set the tone for many lawsuits in 2014, especially as they relate to the “least sophisticated consumer” standard.
In both cases, Courts rejected claims by the consumers and found that the collection agency had acted within the scope of the law.
Attorneys John Rossman and Mike Poncin discuss these recent cases and the impact they will have on every collection agency in the latest episode of their ARM legal podcast, The Debt Collection Drill.
Read the judges’ reports and recommendations, both of which were adopted by the presiding US District Court Judges, below:
Karp v. Financial Recovery Services – 2013 WL 6734110 (W.D.Tex.)
Kellar v. Financial Recovery Services – 2014 WL 129239 (D.N.D.)
Listen to the 11-minute podcast below:
FDCPA Victories Finally Limit “Least Sophisticated Consumer” Standard
(If you can’t see the audio player above, please visit http://traffic.libsyn.com/thedrill/TDCD_ep35.mp3 to listen to the podcast)