Justia Consumer Law Opinion Summaries

Articles Posted in U.S. Court of Appeals for the Eighth Circuit
Plaintiff filed suit against defendant, the law firm representing plaintiff's landlord in a suit for unpaid rent, alleging violation of the Fair Debt Collection Practices Act (FDCPA), 15 U.S.C. 1692e. Plaintiff claimed that the law firm had violated the act by swearing to an affidavit without personal knowledge of the facts. The court concluded that, absent an allegation that he actually did not owe rent, plaintiff has not plausibly alleged that the defendant's practice misled the state court in any meaningful way. In this case, plaintiff's complaint only indicates that a trial was had in which the state court received evidence before rendering a judgment on the underlying rent issue. Because plaintiff has not alleged a plausible violation of the FDCPA and his class claims were properly dismissed, the court affirmed the judgment. View "Janson v. Katharyn B. Davis, LLC" on Justia Law