Warren v. Sessoms & Rogers, P.A., No. 10-2105, No. 10-2155
Decided: January 11, 2012
Margaret Warren sued the law firm of Sessoms & Rogers, P.A. and attorney Lee C. Rogers alleging that they violated the Fair Debt Collection Practices Act (FDCPA). Prior to any discovery, the defendants made Warren an offer of judgment pursuant to Rule 68 of the Federal Rules of Civil Procedure. When Warren did not accept the offer, the defendants then moved to dismiss the action. They contended that the offer of judgment mooted Warren’s case and, in the alternative, that her complaint failed to state a claim upon which relief could be granted. The district court dismissed the complaint, concluding Warren’s allegations failed to show a material violation of the Act or that defendants knowingly and willfully violated the Act. Warren appealed to the Fourth Circuit Court of Appeals. Although the Fourth Circuit agreed with the district court that the offer of judgment did not moot Warren’s case; it reversed the district court’s dismissal of Warren’s complaint and held that Warren’s amended complaint did allege violations of 15 U.S.C. §§ 1629c(a)(2) and 1692e(11). Thus, the Fourth Circuit reversed and remanded to the district court for further proceedings.
-Sara I. Salehi