Kimber v. Federal Financial Corp.

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• reasoning that unsophisticated “consumers would unwittingly acquiesce” to a time-barred lawsuit instead of defending against it
• holding that clients were not immune from liability for the actions of retained counsel, lest “a debt collector ... simply evade the Act by hiring an attorney to do what it could not do itself’
• noting that without vicarious liability for an attorney’s actions, a “debt collector could simply evade the [FDCPA] by hiring an attorney to do what it could not do itself’
• reasoning that unsophisticated “consumers would unwittingly acquiesce” to a time-barred lawsuit instead of defending against it
• threatening to file collection action when collector knows claim is time barred violates the act
• filing a time-barred claim without reason to believe the statute of limitations had been tolled was unfair in violation of 15 U.S.C. § 1692f.

Source: CourtListener parenthetical corpus (CC0).