Mark Guthrie v. PHH Mortgage Corporation, No. 22-1248 (4th Cir. 2023)
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Plaintiff appealed the district court’s grant of summary judgment to PHH Mortgage Corporation on numerous federal and state law claims. The two primary issues on appeals are whether the Bankruptcy Code preempts state law causes of action for a creditor’s improper collection efforts related to debt that has been discharged in bankruptcy. Second, are there genuine disputes of material fact with respect to Guthrie’s federal and state claims?
The Fourth Circuit affirmed in part, vacated in part, and remanded. The court held that the Bankruptcy Code does not preempt Plaintiff’s state law claims arising from alleged improper collection attempts of a discharged debt. The court also held that Plaintiff has established a genuine dispute of material fact with respect to his NCDCA and FCRA claims. However, he has failed to establish a genuine dispute of material fact with respect to his TCPA claim.
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