District Court (Wash.) Finds that Federal TCPA Claim Should Have Been Filed as Compulsory Counter-claim in State Court Collection Action; Says that Debt Collection Attorney Had a Permissible Purpose to Access Debtor’s Consumer Report Even for Litigation
In Gilchrist v. First National Bank of Omaha, 2018 WL 317267, at *2–3 (W.D.Wash., 2018), Judge Pechman dismissed a federal TCPA claim because it was compulsory to a debt collection action filed in the state court. There is no question in the Court's mind that there is a logical relationship between (1) the credit agreement between the Bank and Plaintiff, (2)… Read More