Jackson v. Barton

The Supreme Court reversed the judgment of the circuit court dismissing Petitioner’s petition alleging that the debt collection actions of the owners and operators of LifeSmile Dental Care (collectively, LifeSmile) and attorney Dennis Barton (collectively, Respondents) violated the Fair Debt Collection Practices Act (FDCPA) and that Barton violated the Missouri Merchandising Practices Act (MMPA). The circuit court concluded (1) Petitioner’s FDCPA claim was barred by the statute of limitations, and (2) Petitioner's MMPA claim failed to state a claim because Barton’s collection activities were not “in connection with” the sale of LifeSmile’s dental services to Petitioner, and no lender-borrower relationship existed between Barton and Petitioner. The Supreme Court reversed, holding (1) an FDCPA violation is not time-barred simply because it restates or relates back to assertions made in a debt collection action that is beyond the one-year statute of limitations, and Petitioner identified three actions he alleged amounted an FDCPA violation occurring within a year of his filing of the action; and (2) Barton’s efforts to collect payment were an attempt to complete the transaction of the sale of dental services to Petitioner and were therefore “in connection with” the sale. View "Jackson v. Barton" on Justia Law