Minneapolis, MN 55402-3707
Phone: 612.333.3000
Fax: 612.333.8829
Bassford Remele is a full service litigation firm located in Minneapolis, Minnesota. Founded in 1882, the firm represents local, national and international clients in all areas of civil litigation and dispute resolution.
Press Releases
U.S. Court of Appeals Affirms Dismissal of FDCPA Complaint
Date: Mar 1, 2005 — Minneapolis, MN
The United States Court of Appeals for the Eighth Circuit recently affirmed the district court's dismissal of claims brought in a Federal Debt Collection Practices Act (“FDCPA”) matter.
A collection agency was assigned to collect a debt for a creditor client who had been earlier contacted by the debtor's lawyer. The debtor sued, alleging that the FDCPA requires collectors to communicate only with the debtor's lawyer when it knows the consumer is represented, and that even though the agency was not given direct notice, its client's knowledge of the representation should have been imputed to the agency. The district court held, based on the plain language of the statute as well as established common law, that the creditor's knowledge may not be imputed to the collector, and dismissed the case in its entirety. The consumer appealed to the Eighth Circuit which affirmed the district court's dismissal based on the same reasoning.
Bassford Remele Shareholders Michael A. Klutho and Christopher R. Morris successfully represented the defendant collection agency in this matter.
Schmitt v. FMA Alliance, 398 F.3d 995 (8th Cir. 2005). Link to United States Court of Appeals Opinion
Bassford Remele, A Professional Association, is a full-service litigation firm located in Minneapolis, Minnesota. Founded in 1882, the firm represents local, national and international clients in all areas of civil litigation. The Bassford firm is a community of experienced and committed trial lawyers who embrace a professional approach to the practice of law, providing the highest level of legal expertise and advice.