6th Circ. Reverses Approval of Encore Unit's $5M FDCPA Deal

Law360, New York (February 26, 2013, 3:31 PM ET) -- The Sixth Circuit on Tuesday overturned a controversial $5.2 million settlement resolving a class action alleging that Encore Capital Group Inc.'s subsidiaries "robosigned" debt collection affidavits, saying the deal was unfair to unnamed class members.

The appeals court Tuesday found that although the lower court had adequately considered the seven standard prongs by which class action settlement fairness is evaluated, that court had failed to properly weigh an eighth measure: whether a settlement gives preferential treatment to the named plaintiffs while only perfunctory relief to unnamed...
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