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Missouri Supreme Court Refuses to Enforce Arbitration Based on Unavailability of Specific Arbitrator Identified in Arbitration Agreement

USA - December 13 2018 In A-1 Premium Acceptance, Inc. v. Hunter, the Missouri Supreme Court upheld the circuit court’s order denying counterclaim defendant A-1’s motion to...

David N. Anthony, Alice M. Grabe.

District Court Rules Debtor’s Court Filings Disputing Debt May Put Debt Collector on Notice for Potential Class Action Violation of FDCPA

USA - November 6 2018 On October 23, the U.S. District Court for the Eastern District of Washington denied a defendant debt collector’s motion to dismiss a class action...

David N. Anthony, Myra Benjamin.

Sixth Circuit Affirms Dismissal of FCRA “Permissible Purpose” Violations

USA - October 24 2018 In Daniel v. Goodyear TireCBSD, 2018 U.S. App LEXIS 29345, the Sixth Circuit on October 17 affirmed the dismissal of a claim for violating the Fair...

Christopher Kadish.

California Court of Appeal Holds Mortgage Servicers Can be Debt Collectors Under State’s Debt Collection Law

USA - April 4 2018 According to a recent decision from the California Court of Appeal, mortgage lenders and servicers can, at least under certain circumstances, be “debt...

Alan D. Wingfield, Jessica Lohr.