Jones, Wolf & Kapasi, LLC has defeated a motion to dismiss against a debt collection company, Midland Credit Management, Inc. ("Midland"), in the United States District Court for the Middle District of Florida.
In this matter, Jones Wolf & Kapasi, LLC represents a consumer in a class action case alleging violations of 15 U.S.C. 1692 et seq., the Fair Debt Collection Practices Act ("FDCPA") wherein Midland sent the consumer a misleading and deceptive debt collection letter attempting to collect a debt long after the statute of limitations for collecting such debt had expired. As set forth by the Court: "...the Midland letter offers a partial payment option without discussing the possibility that the first partial payment would make the entire debt legally enforceable again under many states’ laws. The Court agrees that the potential revival of a time-barred debt through a partial payment like that requested by Midland 'is almost assuredly not within the ken of most people, whether sophisticated, whether reasonably sophisticated, or whether unreasonably unsophisticated.'”
The case is Fernando Lopera v Midland Credit Management, Inc., 8:16-cv-01448 (VMC)(JSS) and the Court's Order can be read here.
For more information about Jones, Wolf & Kapasi, LLC, or if you have recently been contacted by a debt collection company, you are invited to connect with us at: legaljones.com; https://www.linkedin.com/company/jones-wolf-&-kapasi-llc or @JonesWolfKapasi.
