Narrative Opinion Summary
Plaintiff Kelly McWirther initiated a class action lawsuit against TeleCheck Services, Inc., alleging violations of the Fair Debt Collection Act and North Carolina Debt Collection laws due to the collection of unlawful charges linked to checks returned for insufficient funds. The district court dismissed the case on the grounds of failure to state a claim. The appellate court affirms the district court's decision, referencing the reasoning provided in the original case, McWirther v. TeleCheck Services, Inc., No. 99CV216, Dec. 1, 1999. The dismissal is thus upheld.
Legal Issues Addressed
Affirmation of Lower Court's Decisionsubscribe to see similar legal issues
Application: The appellate court affirmed the district court's dismissal of the case, relying on the reasoning from the initial case.
Reasoning: The appellate court affirms the district court's decision, referencing the reasoning provided in the original case, McWirther v. TeleCheck Services, Inc., No. 99CV216, Dec. 1, 1999.
Failure to State a Claimsubscribe to see similar legal issues
Application: The district court dismissed the case for failure to state a claim, and this decision was affirmed by the appellate court.
Reasoning: The district court dismissed the case on the grounds of failure to state a claim. The appellate court affirms the district court's decision, referencing the reasoning provided in the original case, McWirther v. TeleCheck Services, Inc., No. 99CV216, Dec. 1, 1999.
Fair Debt Collection Practices Actsubscribe to see similar legal issues
Application: The plaintiff alleged violations of the Fair Debt Collection Practices Act due to the collection of unlawful charges linked to checks returned for insufficient funds.
Reasoning: Plaintiff Kelly McWirther initiated a class action lawsuit against TeleCheck Services, Inc., alleging violations of the Fair Debt Collection Act and North Carolina Debt Collection laws due to the collection of unlawful charges linked to checks returned for insufficient funds.
North Carolina Debt Collection Lawssubscribe to see similar legal issues
Application: The case involved claims under North Carolina Debt Collection laws, which were dismissed for failure to state a claim.
Reasoning: Plaintiff Kelly McWirther initiated a class action lawsuit against TeleCheck Services, Inc., alleging violations of the Fair Debt Collection Act and North Carolina Debt Collection laws due to the collection of unlawful charges linked to checks returned for insufficient funds.