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Tuesday, November 24, 2009 Alaska Supreme Court Rejects Debt Collectors' First Amendment Defense by Deepak Gupta With increasing frequency, debt collectors accused of engaging in abusive tactics in the context of consumer collection litigation have been raising a novel defense based on the Petition Clause of the First Amendment, which guarantees a right of access to the courts. [read post]
Routh Crabtree APC (available at sp-6437.pdf (application/pdf Object) ) held that acts by the debt collector attorney such as failure to serve Pepper, presenting the court with an inaccurate affidavit of competence, and failure to inform Pepper's attorney prior to filing for default, could constitute violations of Alaska's unfair trade practices act. [read post]
8 Mar 2008, 1:28 pm
from WOLTERS KLUWER FINANCIAL SERVICES v. [read post]