Breach Of Contract Claim Cut From Texas Class Action Over Convenience Fees

(September 26, 2020, 9:16 AM EDT) -- CORPUS CHRISTI, Texas — A federal judge in Texas on Sept. 10 granted in part a loan servicer's motion to dismiss a class action brought on behalf of Texas mortgage holders who complain that a convenience fee the servicer charges for payments made over the phone and online violates the Texas Debt Collection Practices Act (TDCPA), finding that the plaintiffs sufficiently state a claim for violating the act but that the charging of the fee did not breach the deed of trust (Sandi Barnett, et al. v. Caliber Home Loans Inc., No. 19-309, S.D. Texas, 2020 U.S. Dist. LEXIS 168171)....