United States Fourth Circuit

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Powell v. Palisades Acquisition XVI, 14-1171

In this action brought by plaintiff credit card debtor against defendants as debt collectors, plaintiff alleges violations of two provisions of the Fair Debt Collection Practices Act (FDCPA), 15 U.S.C. section 1692e and section 1692f, and related state statutes. Summary judgment in favor of defendants is affirmed as to the judgment entered on plaintiff Powell’s section 1692f and state law claims, and vacated and remanded as to the judgment entered on plaintiff’s section 1692e claim, where: 1) the filing of an assignment of judgment in a debt collection action qualifies as debt collection activity that triggers the protections of the FDCPA; 2) the Assignment of Judgment that defendant Palisades filed against plaintiff did not falsely claim Palisades’ ownership of the judgment; and 3) the misrepresentations in the Assignment of Judgment as to the amount of the judgment and the amount of plaintiff’s payments on the judgment were material.

Appellate Information

  • Decided 12/18/2014
  • Published 12/18/2014

Judges

  • Niemeyer

Court

  • United States Fourth Circuit

Counsel

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