Posts tagged missouri.

In Royal Fin. Grp., LLC v. Perkins, ED98991, 2013 WL 4419343 (Mo. Ct. App. Aug. 20, 2013), the Missouri Court of Appeals, Eastern District held, as a matter of first impression in Missouri state court, that a debt collector violates the Fair Debt Collection Practices Act ("FDCPA") by filing a debt collection lawsuit without the intention of ever obtaining evidence to prove the plaintiff's indebtedness. The debt collector in Royal had purchased a portfolio of charged-off debt, for which its assignor had expressly disclaimed any representations or warranties. Under the assignment ...

Posted in: FDCPA, Missouri

In Topchian v. JPMorgan Chase Bank, N.A., Case No. 12-0910-CV-W-ODS, 2013 WL 1628525 (W.D. Mo. April 16, 2013), the Western District Court of Missouri granted Defendant, JPMorgan Chase Bank, N.A.'s ("Defendant") motion to dismiss pro se Plaintiff, Samvel Tochian's ("Plaintiff"), Amended Complaint for the alleged failure to provide adequate opportunity to the federal Home Affordable Modification Program ("HAMP") and related claims. See generallyid. The District Court, citing various prior court holdings, held that there is not private right of action for loan ...

In Campbell v. Credit Protection Ass'n, L.P., No. 4:12CV00289AGF, 2013 WL 1282348 (E.D. Mo. Mar. 27, 2013), the Eastern District of Missouri granted summary judgment in favor of a debt collector on a debtor's claims under the Fair Debt Collection Practices Act ("FDCPA") based upon the debt collector's collection letter and credit reporting activities, holding that a debtor must come forward with evidence beyond self-serving allegations to avoid summary judgment. The defendant in Campbell, a debt collector named Credit Protection Association, sent the plaintiff-debtor a ...

Posted in: FDCPA, Missouri
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