Strauss, Factor, Laing & Lyons Strauss, Factor, Laing & Lyons
Contact us Today to Schedule your initial consultation
Finding creative solutions to complex Legal problems
401-456-0700 open menu

Posts tagged "FDCPA Fair Debt removal rule unanimity consent remand"

Fair Debt case remanded based on lack of consent to removal

Rhode Island's federal district court has remanded a Fair Debt Collection Practices Act case to state court because not all the defendants expressly consented to removal within 30 days of the removal.  Plaintiff filed suit in Superior Court alleging violations of the FDCPA, as well as of the Rhode Island Fair Debt Collection Practices Act and the Rhode Island Deceptive Trade Practices Act.  The suit named one individual and two corporations as defendants.  No defendants answered the case and default entered.  An hour after default entered, the individual removed the case.  The removal notice said that "[u]pon information and belief, all other codefendants would consent to the Removal..."  However, the corporations did not file a consent or otherwise express their consent to the court.  Plaintiff moved to remand arguing that all defendants must consent to removal, the corporate defendants had not consented, and the case should be remanded.