United States Third Circuit

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McLaughlin v. Phelan Hallinan & Schmieg, 13-2015

Dismissal of plaintiff's action alleging that defendant-law firm violated the Fair Debt Collection Practices Act (FDCPA) in its attempt to collect a debt held by plaintiff's mortgage company, who mistakenly believed that plaintiff was in default, is: 1) reversed in part, where plaintiff was not required to ask defendant to validate the debt before he filed suit, and thus the district court's dismissal of plaintiff's claims on this basis was improper; and 2) affirmed in part as to the imposition of sanctions against defendant for its failure to produce certain documents during discovery, where the district court properly found that defendant violated the discovery order.

Appellate Information

  • Decided 06/26/2014
  • Published 06/26/2014

Judges

  • SHWARTZ

Court

  • United States Third Circuit

Counsel

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