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Big Class Action Victory for 9th Circuit Consumers Against Misleading Attorney Debt Collectors Misidentifying Original Creditors in Lawsuits

June 26, 2014

Tourgeman v. Collins Financial Servs.

Docket: 12-56783 Opinion Date: June 25, 2014
Judge: Friedman
Areas of Law: Consumer Law
Plaintiff filed a class action under the Fair Debt Collection Practices Act (FDCPA), 15 U.S.C. 1692 et seq., alleging that defendants made false representations to him in connection with their efforts to collect a purported debt. Plaintiff claimed that defendants violated the FDCPA by misidentifying his original creditor in a series of collection letters sent to him, as well as in a complaint filed against him in state court. The district court granted summary judgment to defendants. The court concluded that plaintiff had Article III standing where plaintiff alleged that he suffered the violation of his right not to be the target of misleading debt collection miscommunications. The court also concluded that plaintiff had statutory standing under the FDCPA. The court concluded that Nelson & Kennard violated the FDCPA by including misleading references to American Investment Bank in both its letter to plaintiff and in the state court complaint it filed against him. These conclusions were sufficient to warrant both reversal of the judgment granted to Nelson & Kennard and entry of judgment in favor of plaintiff. Accordingly, the court reversed and remanded.

Nancy Duffy McCarron, CBN 164780
Attorney, Real Estate Broker, BBB Arbitrator, CA Notary Public
Certified Forensic Loan Auditor, Property Manager


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CFLA was founded by the Nation's Leading Foreclosure Defense Attorneys back in 2007 to serve the Foreclosure Defense Industry and fight pervasive Bank Fraud. Since opening our virtual doors, CFLA has rapidly expanded to become the premier online legal destination for small businesses and consumers. But as the company continues to grow, we're careful to hold true to our original vision. For us, putting the law within reach of millions of people is more than just a novel idea—it's the founding principle, just ask Andrew P. Lehman, J.D.. With convenient locations in Houston and Los Angeles, you can contact Our National Account Specialist and General Manager / Member Damion W. Emholtz at 888-758-2352 for a free Mortgage Fraud Analysis or to obtain samples of work product, including cutting edge Bloomberg Securitization Audits, Litigation Support, Quiet Title Packages, and for more information about our Nationally Accredited and U.S. Department of Education Approved "Mortgage Securitization Analyst Training Certification" Classes (3 days) 24 hours for approved CLE & MCLE Credit (Now Available Online).

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