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Ross and Farrell Obtain Dismissal of Federal Debt Collection, Abuse of Process and Malicious Prosecution Lawsuit

September 17, 2018

David Ross (Partner-Washington, DC) and Kevin Farrell (Of Counsel-Washington, DC) recently obtained dismissal with prejudice of an action brought by a student loan debtor against the firm’s law firm client. The statutory and common law causes of action in the U.S. District Court for the District of Columbia were based on the allegation that prior collection lawsuits were illegal because they were not brought on behalf of the real party in interest. The Court adopted several motion to dismiss arguments and determined that (1) plaintiff’s Fair Debt Collection Practices Act claim was time-barred, and plaintiff failed to show that either the doctrine of fraudulent concealment or the discovery rule tolled the statute of limitations; (2) the complaint does not include sufficient factual allegations to support a claim for alleged violations of the District of Columbia’s Debt Collection Statute against the law firm; (3) plaintiff failed to state a claim for abuse of process; and (4) plaintiff failed to state a claim for malicious prosecution. The case is related to a putative class action that was filed against the firm’s client. David and Kevin secured a dismissal of that putative class action earlier this year.

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