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ARTICLE · 25 APRIL 2016

Summary Judgment Granted Against Debt Collector In FTC Action

Troutman Pepper Locke LLP
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On April 7, the United States District Court for the Eastern District of Texas granted the government's motion for summary judgment against a Texas-based third party debt collector, Commercial Recovery Systems, Inc. ("CRS") and its president, Timothy Ford.

United StatesFinance and Banking
Julie Hoffmeister
Julie Hoffmeister
David Anthony
David Anthony
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On April 7, the United States District Court for the Eastern District of Texas granted the government's motion for summary judgment against a Texas-based third party debt collector, Commercial Recovery Systems, Inc. ("CRS") and its president, Timothy Ford.

As previously reported, the Department of Justice, on behalf of the Federal Trade Commission, filed a complaint against CRS and its current and former principals for alleged violations of the Fair Debt Collection Practices Act ("FDCPA") and the Federal Trade Commission Act ("FTCA"), claiming that the company used illegal debt collection tactics.

The district court found that CRS and Ford violated the FDCPA and FTCA in four specific ways. First, Defendants' collectors falsely represented that they were attorneys, or were employed by an attorney, law firm, or court. Second, Defendants' collectors routinely threatened consumers with legal action, although Defendants never filed any lawsuits nor intended to file

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