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Tenth Circuit Affirms Summary Judgment in Favor of Defendant in FDCPA Case on the Basis of Claim Preclusion

August 3, 2023

Via: LexBlog

On August 1, the U.S. Court of Appeals for the Tenth Circuit upheld a trial court’s order granting summary judgment in favor of a debt buyer holding that claim preclusion barred the plaintiff’s claims brought under the Fair Debt Collections Practices Act (FDCPA) and Utah’s Unfair Claims Settlement Practices Act (UCSPA).

The decision in McMurray v. Forsythe Finance LLC involved an allegation that the debt buyer was not licensed as a collection agency in Utah when it attempted to collect the plaintiff’s debt.

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