District Court Correct In Declining To Reopen FDCPA Case, Panel Rules

Mealey's (February 12, 2021, 10:53 AM EST) -- PHILADELPHIA — A Third Circuit U.S. Court of Appeals panel on Feb. 8 ruled that a federal district court did not abuse its discretion in denying a motion to reopen a lawsuit filed by borrowers who alleged that their mortgage servicer and a law firm it retained violated the Fair Debt Collection Practices Act (FDCPA) in their handling of the borrowers’ mortgage note because the borrowers failed to sufficiently show that the mortgage servicer or law firm “engaged in fraud or other misconduct” that prevented the borrowers from “fairly presenting their case.”...