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8th Cir. Applies ‘Materiality’ Requirement to FDCPA Action

  • Written by Ernest Wagner of Maurice Wutscher LLP

gavelThe U.S. Court of Appeals for the Eighth Circuit recently joined with the Third, Fourth, Sixth, Seventh, and Ninth Circuits in applying a materiality standard to section 1692e of the federal Fair Debt Collection Practices Act (FDCPA).

In doing so, the Eighth Circuit affirmed the trial court’s order granting judgment in favor of a debt collector and against a borrower.

A copy of the opinion in Hill v. Accounts Receivable Services, LLC is available at:  Link to Opinion.

On Oct. 30, 2015, a debt collector filed suit in Minnesota state court against a borrower for unpaid medical bills and statutory interest under Minnesota Statutes § 334.01. As a defense, the borrower challenged the assignment of the debt to the debt collector.

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