Hoffman v. Transworld Systems, Inc. – post-consent order FDCPA action survives TSI's initial motion to dismiss in part

Last month, a US District Judge in Seattle ruled that FPCPA action by student loan debtors in Washington against TSI over false affidavits filed in collection actions after CFPB-TSI consent order may proceed in part; some specific claims, however, were found time-barred under FDCPA's one-years statute of limitations. (Note that the FDCPA is a federal law that applies through the US, but the state analogues of the federal fair debt collection act vary in significant ways even though they cover many of the same abusive and misleading practices. As for Texas, the Texas Debt Collection Act (TDCA) has a longer statute of limitations (except for criminal prosecution) and also reaches original creditors collecting their own debts, and assignees of debt that was not in default when assigned). –> TDCA is broader in scope than FDCPA.In Texas FDCPA and TDCA claims are often brought in the same action, which may be filed in state or federal court. Only the FDCPA provides a basis…

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