Australian Mercantile Collections

Indiana appellate court finds debt company violated FDCPA and Indiana’s deceptive consumer sales act | Orrick, Herrington & Sutcliffe LLP

Indiana appellate court finds debt company violated FDCPA and Indiana’s deceptive consumer sales act | Orrick, Herrington & Sutcliffe LLP

Recently, the U.S. Court of Appeals of Indiana affirmed a state trial court’s decision concluding that the defendant was a debt collector under both the Indiana Deceptive Consumer Sales Act and the FDCPA when it purchased and collected defaulted debt.  The Court of Appeals rejected the defendant’s argument in its motion for partial summary judgment arguing it was not a debt collector under both statutes because the plaintiff’s debt was owned by it and due to it, and it did not collect…

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