District Court (Tenn.) Says Debt Servicer Entitled to Rely on FDCPA Exemption for Debts Not in Default at the Time of Assignment; Accuses Plaintiff of Erecting Paper Castles and Storming Them with Paper Horses
In Ward v. Npas, Inc., No. 3:19-cv-00484, 2020 U.S. Dist. LEXIS 132461 (M.D. Tenn. July 27, 2020), Judge Trauger ruled in favor of a medical debt servicer, who relied on the FDCPA’s exemption for debts not in default at the time of the assignment in order to prevent application of the FDCPA. The District Court adopted the Second Circuit’s approach… Read More