Split 5th Circuit Panel Affirms Dismissal Of TDCA Claim In Mortgage Lending Suit

Mealey's (March 29, 2021, 2:10 PM EDT) -- NEW ORLEANS — In a 2-1 decision, a Fifth Circuit U.S. Court of Appeals panel on March 26 rejected an argument made by borrowers that Wells Fargo Bank NA violated the Texas Debt Collection Act (TDCA) by failing to properly represent the amount the borrowers were past due in payments on their mortgage loan in two letters, ruling that even if the amounts in the letters were inaccurate, those inaccuracies did not cause the borrowers to “‘think differently’ with respect to the amount actually past due.”...