Fifth Circuit

Texas Debt Collection Act (TDCA) Claim Dismissed by Fifth Circuit

A TDCA claim by the Clarks’ at the Fifth Circuit is repelled, keeping Deutsche Bank as the now standard winners in this opinion and all other cases where the Bank is involved at the Fifth.

STEWART, CARL E.

JOLLY, E. GRADY

OWEN, PRISCILLA R.

A TDCA claim by the Clarks’ at the Fifth Circuit is repelled, keeping Deutsche Bank as the now standard winners in this opinion and all other cases where the Bank is involved at the Fifth.

“George and Velma Clark (the Clarks) defaulted on their home equity loan. After Deutsche Bank National Trust Company and Wells Fargo Bank, N.A. (the Creditors) took steps to foreclose on the home, the Clarks sued.

The district court granted the Creditors’ motion to dismiss. The Clarks have appealed only the dismissal of their § 392.304(a)(19) claim under the Texas Debt Collection Act (TDCA). We affirm the judgment of the district court. 

Clark v Deutsche Bank

Before STEWART, Chief Judge, and JOLLY and OWEN

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Texas Debt Collection Act (TDCA) Claim Dismissed by Fifth Circuit
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