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ARTICLE · 23 JANUARY 2015

Debt Collector Beats Class Claims In FDCPA, TCPA Suit

Fox Rothschild LLP
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A Pennsylvania federal judge has dismissed a plaintiff's class allegations against a debt collector in a suit alleging violations of the Fair Debt Collection Practices Act (FDCPA) and the Telephone Consumer Protection Act (TCPA).

United StatesLitigation, Mediation & Arbitration

Scott L. Vernick was quoted in the Law360 article, "Debt Collector Beats Class Claims in FDCPA, TCPA Suit." Full text can be found in the January 22, 2015, issue, but a synopsis is below.

A Pennsylvania federal judge has dismissed a plaintiff's class allegations against a debt collector in a suit alleging violations of the Fair Debt Collection Practices Act (FDCPA) and the Telephone Consumer Protection Act (TCPA).

U.S. Judge Stewart Dalzell ruled the proposed class definitions a fail-safe and said there would be no way to notify members of the plaintiff's proposed classes, since it is in the early days of litigation, without extensive fact checking that should be avoided in class actions.

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