COA declines to enforce settlement agreement due to disputed terms
The Eastern District reversed enforcement of a settlement agreement after finding disputed material facts over essential contract terms.
Consumer Law: Fair Debt Collection Practices Act-Missouri Merchandising Practices Act-Attorneys’ Fee Award
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 […]
Consumer Law : Fair Debt Collection Practices Act – Unsophisticated Consumer Standard – Violation Of Cease Letter
Scheffler v. Gurstel Chargo, P.A. (MLW No. 72046/Case No. 17-2141 – 9 pages) (U.S. Court of Appeals, 8th Circuit, Grasz, J.)
Consumer Law : Fair Debt Collection Practices Act – MMPA – Statute Of Limitations
Jackson v. Barton (MLW No. 71575/Case No. SC95771 – 22 pages) (Supreme Court of Missouri, Breckenridge, J.; Draper, Russell and Stith, JJ., concur; Wilson, J., dissents in separate opinion filed; Fischer, C.J., concurs in opinion of Wilson, J.; Powell, J., not participating)
Consumer Law : Fair Debt Collection Practices Act – Prejudgment Interest
Haney v. Portfolio Recovery Associates, LLC (MLW No. 69734/Case No. 15-1932 – 28 pages) (U.S. Court of Appeals, 8th Circuit, per curiam)
Consumer Law : Fair Debt Collection Practices Act – Telephone Calls
Kuntz v. Rodenburg LLP (MLW No. 69735/Case No. 15-2777 – 6 pages) (U.S. Court of Appeals, 8th Circuit, Loken, J.)
Civil Practice : Fair Debt Collection Practices Act – Failure To State Claim – Misrepresentation
Hageman v. Barton (MLW No. 68980/Case No. 14-3665 – 16 pages) (U.S. Court of Appeals, 8th Circuit, Melloy, J.)
Consumer Law : Fair Debt Collection Practices Act – Disputed Debt – False Communication
McIvor v. Credit Control Services, Inc. (MLW No. 67211/Case No. 14-1164 – 8 pages) (U.S. Court of Appeals, 8th Circuit, Murphy, J.)
Consumer Law : Fair Debt Collection Practices Act – Exclusion Of Evidence – Business Records
Portfolio Recovery Associates, LLC v. Schultz (MLW No. 67151/Case No. ED101023 – 13 pages) (Missouri Court of Appeals, Eastern District, Sullivan, J.)
Consumer Law : Credit Card Debt – Fair Debt Collection Practices Act – Abusive Practices
Royal Financing Group v. Perkins (MLW No. 65412/Case No. ED98991 – 10 pages) (Missouri Court of Appeals, Eastern District, Ahrens, J.)
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