9th Circ. Revives FDCPA Suit Against NCO Financial

Law360, New York (August 19, 2013, 3:18 PM ET) -- The Ninth Circuit on Friday revived a proposed class action against NCO Financial Systems Inc. accusing the debt collector of violating the Fair Debt Collection Practices Act, saying it’s possible it should have known that a consumer’s debt was being contested before it contacted him.

Plaintiff Harold Holmes’ lawsuit had been tossed by a district court in 2011 that granted NCO summary judgment, finding there was no triable dispute of material fact as to whether NCO should have known that Holmes disputed his debt. Under the...
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