The 6th Circuit just put a derailed Fair Debt Collection Practices Act class action lawsuit back on track.
The district judge in Wise v. Zwicker & Associates dismissed a suit against Zwicker, a debt collection law firm, that alleged it had illegally collected attorney's fees from countless consumers. Zwicker pointed to the original contract between Plaintiff Dawson Wise and the creditor, which stated the contract would apply Ohio law, which allows these attorney's fees, even though Wise lives in Utah. Wise argued that the court should ignore the Ohio law section of the contract because it was written and included unilaterally by the bank without any input from Wise. The 6th Circuit did not agree with Wise outright, but agreed that there were not enough facts in front of the district judge to make the decision yet.
The case has been sent back to the district judge for further review.
The attorneys of Drewes Law have access to post and edit the blogs. Attorney Bios.