Debt Collector Has the Burden of Proving Its Right to Invoke an Exception to the FDCPA

Evankavitch v. Green Tree Servicing, LLC, ___ F.3d ___ (3d Cir. 2015).  “[A]bsent compelling reasons to the contrary, a party seeking shelter in an exception to the statute has the burden of proving it.”  So stated Judge Krause in the third-from-last sentence of this opinion involving the jury charge in a case under the Fair […]

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