Coyne v. Messerli & Kramer P.A.

False representation of the amount of a debt that overstates what is owed under state law materially violates 15 U.S.C. 1692e(2)(A) as well. Plaintiff filed a putative class action against Midland Funding and two debt collectors under the Fair Debt Collection Practices Act (FDCPA). The district court dismissed plaintiff's amended complaint for failing to state a claim. At issue on appeal was whether Messerli violated 15 U.S.C. 1692e and 1692f by attempting to collect, and representing plaintiff owed, compound interest on the debt in violation of Minn. Stat. 334.01. The Eighth Circuit reversed and remanded as to the claim against Messerli, holding that the district court erred in holding that the allegation under review did not state a plausible claim under sections 1692e and 1692f. View "Coyne v. Messerli & Kramer P.A." on Justia Law