FDCPA Lawsuit Tossed for Failure to Disclose Claim in Bankruptcy Petition

Brady Hermann, Maurice Wutscher

The U.S. District Court for the District of New Jersey recently dismissed a debtor’s claims for violations of the federal Fair Debt Collection Practices Act (FDCPA) and the New Jersey Truth in Consumer Contract Warranty and Notice Act (TCCWNA), holding the debtor’s failure to schedule his lawsuit as an asset of his bankruptcy estate deprived him of standing to later assert the claims.

A copy of the opinion in Lewis v. Portfolio Recovery Associates, LLC is available at: Link to Opinion.

View this content by subscribing

Please register to unlock this content

I already have an account. Log in