6th Circuit Vacates Ruling Dismissing FDCPA Claim Against Loan Servicer

(November 1, 2017, 1:39 PM EDT) -- CINCINNATI — The Sixth Circuit U.S. Court of Appeals on Oct. 27 vacated a decision that found that a loan servicer was not a debt collector under the Fair Debt Collection Practices Act (FDCPA) and dismissed a borrower’s claims against it, but affirmed dismissal of claims for fraud and violation of the FDCPA asserted against a bank (Darlene Garner v. Select Portfolio Servicing Inc., et al., No. 17-1303, 6th Cir., 2017 U.S. App. LEXIS 21546)....

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