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Consumer Law: Fair Debt Collection Practices Act-Missouri Merchandising Practices Act-Attorneys’ Fee Award

Staff Report//February 14, 2020//

Consumer Law: Fair Debt Collection Practices Act-Missouri Merchandising Practices Act-Attorneys’ Fee Award

Staff Report//February 14, 2020//

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Plaintiff sued defendants for violations of the FDCPA and Missouri Merchandising Practices Act. The district court granted summary judgment to defendant and awarded him statutory damages and attorneys’ fees calculated under the lodestar approach. Defendants filed a late appeal, alleging that a computer error prevented timely filing of their appeal.

Where defendants failed to explain a 10-day delay between the discovery of the alleged computer error and their motion for leave to file a late notice of appeal, the district court erroneously granted leave.

Appeal is dismissed.

Morgan v. Vogler Law Firm P.C. (MLW No. 74541/Case No. 19-1129 – 3 pages) (U.S. Court of Appeals, 8th Circuit, per curiam) Appealed from U.S. District Court, Eastern District of Missouri.

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