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Federal Court rejects summary disposition of debtors' action under Fair Debt Collection Practices Act

At least in the federal court system, a consumer can still expect justice from the system.  This week, in Currier v. First Resolution Inv. Corp, the Sixth Circuit reinstated the debtors' lawsuit against a debt collector who illegally filed a judgment lien against the debtor's property.  The debtor sought compensation under the Fair Debt Collection Practices Act (FDCPA).   The trial judge summarily dismissed the case, agreeing with the debt collector that not all violations of law should be actionable under the FDCPA.  The higher court reversed.  Maybe not all illegal acts are actionable, but when the defendants acted illegally under state law to attempt to force a debt collection, they violated the FDCPA and were subject to damages.

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