Marc Rosenberg, along with several co-defendants’ counsel, obtained dismissal as a matter of law of a putative class action in Osure Brown v. TSI, et al., Western District of Washington, Case No. 2:20-cv-00669-DGE. Marc’s client was a law firm that brought lawsuits in state court against a borrower and co-signor on 10 student loans. After receiving a discharge in bankruptcy court, Plaintiff sued the creditor and its law firm, claiming violations of the Fair Debt Collection Practices Act based on the creditor seeking to collect on the student loans that he claimed were discharged in bankruptcy, which the creditor disputed. Plaintiff’s claims were dismissed because federal law precludes an independent FDCPA cause of action premised on Bankruptcy Code violations; remaining FDCPA violations were barred by the statute of limitations, and declaratory and injunctive relief are equitable remedies that failed when the underlying substantive claims were dismissed.
Feb 18, 2022