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Seventh Circuit Examines Standing for Class Rep and Departs from 3rd 8th Circuits on FDCPA Interpretation

WP Admin | Mar 14th, 2014

This second installment on the day addresses the Seventh Circuit decision in McMahon v. LVNV Funding, LLC, which held for the first time – in direct opposition to the Third and Eighth Circuits – that a letter attempting to collect a time-barred debt does not need to threaten litigation to be actionable under the Fair Debt Collection Practices Act (FDCPA). The case also examined the issue of when a named-plaintiff in a putative class action case has his individual claim rendered moot by offer of settlement.

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