Garcia v. Jenkins/Babb LLP, No. 13-10886 (Fifth Cir. May 29, 2014)
May 29, 2014OUTCOME: Jenkins successfully defended an Appeal to the Fifth Circuit of a pre-trial dismissal of case alleging FDCPA, TDCPA, and DTPA claims.
Debtors filed federal case claiming violations for debt collection practices. After Jenkins successfully defeated the debtors’ claims and the District Court case was dismissed, the debtors challenged t ... he dismissal by filing an appeal to the Fifth Circuit Court of Appeals. The Fifth Circuit noted that the history of collection efforts did not constitute false, fraudulent, or deceptive collection techniques, and agreed with the District Court that the debtors failed to allege facts sufficient to support their allegations of improper debt collection practices. The Judgment dismissing the claims was affirmed.
