Debt Collector Beats Class Claims In FDCPA, TCPA Suit
Law360, New York (January 22, 2015, 7:19 PM EST) -- A Pennsylvania federal judge dismissed a plaintiff's proposed class allegations against a debt collector in a suit alleging violations of the Fair Debt Collection Practices Act and the Telephone Consumer Protection Act, saying that the proposed class definitions are fail-safe.
U.S. Judge Stewart Dalzell said that, since it's early days in the litigation, there would be no way to notify the members of plaintiff Stephanie Zarichny's proposed TCPA and FDCPA classes without extensive fact-checking that should be avoided in class actions. And if Complete Payment Recovery Services Inc. were to win, the proposed class members would still be free to bring...
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