United States Third Circuit

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Simon v. FIA Card Services, 12-3293

Dismissal of plaintiffs' suit alleging violations of the Fair Debt Collection Practices Act based on defendant-debt collector's letter and notice to plaintiffs requesting an examination under Federal Rule of Bankruptcy Procedure 2004 and offering to settle a debt, sent in a pending bankruptcy in contemplation of an adversary proceeding to challenge dischargeability, is: 1) reversed in part and remanded, as to the 15 U.S.C. section 1692e(5) and (13) claims for allegedly violating Civil Rule 45 and Bankruptcy Rule 9016 by failing to serve the subpoenas directly on the individuals subpoenaed and failing to include the text of Civil Rule 45(c)–(d) in the subpoenas, but 2) otherwise affirmed.

Appellate Information

  • Decided 10/07/2013
  • Published 10/07/2013

Judges

  • ROSENTHAL

Court

  • United States Third Circuit

Counsel

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