Demarais v. Gurstel Chargo, P.A., No. 16-3173 (8th Cir. 2017)Annotate this Case
The Eighth Circuit reversed the district court's dismissal of plaintiff's complaint alleging that Gurstel violated the Fair Debt Collection Practices Act (FDCPA), 15 U.S.C. 1692k(d), while collecting a consumer debt. The court held that plaintiff's brief did in fact challenge the district court's statute-of-limitations holding, and the district court should have focused on plaintiff's allegation and determined whether he plausibly alleged that Gurstel violated the FDCPA on that date. The court also held that plaintiff plausibly pleaded that Gurstel threatened to go to trial, but did not intend to proceed to trial when requesting the continuance, in violation of section 1692e(5), and the district court erred by dismissing plaintiff's claim that Gurstel's letter and discovery requests violated section 1692f(1). Accordingly, the court remanded for further proceedings.