Bankruptcy Law Allows Debtors' FDCPA Claims, 3rd Circ. Says

Law360, Los Angeles (October 7, 2013, 5:41 PM EDT) -- The Third Circuit on Monday partially overturned a lower court's ruling that a New Jersey couple's Fair Debt Collection Practices Act claims against a collection agency and its counsel are precluded by the bankruptcy code, finding the FDCPA can apply in certain instances while a bankruptcy case is pending. 

A three-judge panel affirmed in part and reversed in part U.S. District Judge Joel A. Pisano's order dismissing Robert and Stacey Simon's FDCPA lawsuit against collection agency FIA Card Services N.A. and its counsel, Weinstein & Riley...
To view the full article, register now.




Case Information

Case Title

Robert Simon, et al v. FIA Card Ser NA, et al

Case Number



Appellate - 3rd Circuit

Nature of Suit

3480 Consumer Credit

Date Filed

August 21, 2012


Law360 Pro Say Podcast
Check out Law360's new podcast, Pro Say, which offers a weekly recap of both the biggest stories and hidden gems from the world of law.