Author Topic: Fifth Circuit Joins 6th & 7th on time barred debt  (Read 513 times)

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howucantoo

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Fifth Circuit Joins 6th & 7th on time barred debt
« on: September 28, 2016 02:55:21 AM »
Daugherty v. Convergent Outsourcing, Inc., No. 15-20392, 2016 WL 4709712 (5th Cir. Sept. 8, 2016), the federal  Fifth Circuit Court of Appeals (which covers Texas, Louisiana, and Mississippi) agreed with the Sixth and Seventh Circuits that the Fair Debt Collection Practices Act requires disclosure of the fact that a debt is beyond the statute of limitations when the debt collector is offering a settlement of the debt.
 Seventh and Sixth Circuit cases are Buchanan v. Northland Group, 776 F.3d 393 (6th Cir. 2015), and McMahon v. LVNV Funding, LLC, 744 F.3d 1010 (7th Cir. 2014).
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