We use cookies on this site to enable your digital experience. By continuing to use this site, you are agreeing to our cookie policy. close

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

Law360, New York (February 26, 2013, 3:31 PM EST) -- 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...
To view the full article, register now.
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.