Kaiser et al v. Cascade Capital, LLC et al.
Kaiser et al v. Cascade Capital, LLC et al. , ___ F3rd.___, 2021 DJDAR 2171 (9th Circuit Court of Appeals, 3/11/21. This case holds that threatening to sue, or suing, a person or entity which owes a debt which is time barred t, constitutes a violation of the federal Fair Debt Collection Practices Act (“FDCPA”).
This is a BIG change in the law: For decades, debt collectors have sued on time barred debts, and have claimed that a debt being time barred is an affirmative defense, which the person owing the debt must plead in the person’s answer, and prove, and therefore, that suing on a time barred debt is NOT a FDCPA violation. This new decision changes that.