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Zinni, et. al v. ER Solutions, et. al

Close Date: 05/13/2013
Topic(s): Consumer Justice
Docket: 12-744

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Defendants in these consolidated appeals emailed counsel for plaintiffs an offer to settle plaintiffs’ claims under the Fair Debt Collections Practices Act (FDCPA). The district court held that defendants’ proposals to settle, although never accepted by plaintiffs, rendered the cases moot. Such offers have become a common tactic by debt collectors seeking to deprive plaintiffs of an enforceable judgment and attorneys’ fees under the FDCPA, and threaten to undermine the effectiveness of the Act’s remedial regime. On appeal, Public Citizen represented the plaintiffs, and the court of appeals agreed with our arguments and reversed the district court decisions. The defendant in one of the cases then petitioned for certiorari to the U.S. Supreme Court. The petition was denied on 5/13/2013.