Tuesday, November 17, 2015

FDCPA - debt collector v. creditor - initial communication

McDermott v. Nationstar Mortgage –  EDPa. – November 2015



Defendant’s motion to dismiss Plaintiff’s FDCPA action denied, because


            - defendant acquired loan while it was in default, therefore it was a debt collector


            - defendant’s initial communication did not identify itself as a debt collector attempting to collect a debt.



If the case is old, the link may have become stale and may not work, but you can use the case name, court, and date to find the opinion in another source (e.g., Westlaw, Lexis, Google Scholar)