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Date: 12-04-2023

Case Style:

Charles Thomas Wesner, Jr. v. Mark Southall, et al.

Case Number: 3:22-cv-00927

Judge: Jane J. Boyle

Court: United States District Court for the Northern District of Texas (Dallas County)

Plaintiff's Attorney:



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Defendant's Attorney: Chad E. Robinson

Description: Dallas, Texas consumer credit lawyer represented the Plaintiff who sued the Defendants on Fair Debt Collection Act violation theories.

"The Fair Debt Collection Practices Act (FDCPA) is a federal law that protects consumers from unfair and deceptive debt collection practices. The law applies to debt collectors who collect debts that are owed to consumers. Debt collectors are companies or individuals who collect debts on behalf of other creditors, such as banks, credit card companies, and hospitals.

Prohibited Practices

The FDCPA prohibits debt collectors from engaging in a number of unfair and deceptive practices, including:

Contacting consumers at inconvenient times or places, such as before 8:00 a.m. or after 9:00 p.m., or at work unless the consumer has agreed to be contacted there.
Threatening to sue or take other legal action against consumers if they do not pay their debts.
Using false or misleading statements to collect debts, such as falsely claiming to be an attorney or government official.
Harassing or intimidating consumers, such as calling them repeatedly or using profane language.
Disclosing consumers' debts to third parties, such as their employers, family members, or neighbors, without their consent.
Taking or threatening to take consumers' property without their consent.
Adding charges or fees to consumers' debts without their consent.

Consumer Rights

The FDCPA also gives consumers a number of rights, including the right to:

Receive a written notice from the debt collector that validates the debt and explains their rights under the FDCPA.
Dispute the debt with the debt collector and request that they stop collection efforts until the debt is verified.
Require the debt collector to communicate with them only in writing.
Sue the debt collector for violating the FDCPA.

How to File a Complaint

If you believe that a debt collector has violated your rights under the FDCPA, you can file a complaint with the Consumer Financial Protection Bureau (CFPB) or the Federal Trade Commission (FTC). You can also file a lawsuit in court against the debt collector.

Additional Resources

For more information about the Fair Debt Collection Practices Act, please visit the CFPB's website or the FTC's website."

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Outcome: : The Court GRANTS the 90 Motion to Dismiss. It is ORDERED that the claims and causes of action asserted by the parties herein are dismissed without prejudice. The pending 84 Motion to Compel is DENIED as MOOT. The Clerk of Court is directed to close this case. (Ordered by Judge Jane J Boyle on 12/4/2023) (cfk) (Entered: 12/04/2023)

Plaintiff's Experts:

Defendant's Experts:

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