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Mealeys

Mealey's Banking & Finance - Dismissal Of Couple's Debt Collection, Declaratory Judgment Claims Affirmed

NEW ORLEANS - A federal judge in Texas did not err when dismissing with prejudice a couple's lawsuit against their mortgage lender and loan servicer, a Fifth Circuit U.S. Court of Appeals panel ruled Dec. 13, holding that the couple's failure to sufficiently state a claim under the Texas Debt Collection Act (TDCA) was also fatal to their cause of action under the Texas Deceptive Trade Practices Act (TDCPA) (Kenneth Lawry v. Bank of New York Mellon Trust Co., N.A., No. 19-10671, 5th Cir., 2019 U.S. App. LEXIS 36963).
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