Warren v. Sessoms & Rogers, P.A.

January 12, 2012 by Justia

Plaintiff sued defendants, a law firm and its attorney, alleging that they violated the Fair Debt Collection Practices Act (FDCPA), 15 U.S.c. 1692 et seq. At issue was whether defendants' Rule 68 offer of judgment mooted plaintiff's case. Also at issue was whether the district court properly dismissed plaintiff's complaint pursuant to Rule 12(b)(6). The court held that defendants' first offer, a payment of $250 in actual damages, and defendants' second offer, conditioning the amount of actual damages on the district court's determination, did not moot plaintiff's case. The court also held that the district court erred in concluding that plaintiff's amended complaint failed to allege violations of 15 U.S.C. 1692c(a)(2), and 1692e(11). Therefore, the court reversed the judgment of the district court and remanded for further proceedings. View "Warren v. Sessoms & Rogers, P.A." on Justia Law