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Brief of Amici Curiae in Support of Appellant, James Townsend v. Midland Funding, LLC

By Stuart Robert Cohen and Peter A. Holland

Abstract

The Consumer Protection Clinic of the University of Maryland Francis King Carey School of Law, filed a Motion to Participate and an Amicus Brief in the case of Townsend v. Midland Funding, LLC. The case presents the question of whether documents created by third party predecessors in interest—usually a bank—may be admitted into evidence when a debt buyer plaintiff does not demonstrate personal knowledge regarding any of the foundational elements which would be required to admit the documents under the business records exception to the hearsay rule. Amici urge the Court to overturn the lower court, and hold that a debt buyer’s documents may not be admitted into evidence without the debt buyer first laying the proper foundation for the business records exception to the hearsay rule. The Clinic was joined by AARP, the National Consumer Law Center, the National Association of Consumer Advocates, and by the Maryland Legal Aid Bureau and Maryland\u27s Public Justice Center. The Brief deals with the problems of data integrity and the lack of competent, reliable evidence in lawsuits filed purchasers of charged off credit card debt, known as \u22debt buyers.\u22 The Consumer Protection Clinic and other amici examine due process and professionalism concerns which arise when our courts (primarily Maryland\u27s District Court) do not strictly apply the special evidentiary and procedural rules which exist for small claims actions

Topics: credit card debt, debt buyers, debt collection, FDCPA, Amicus, Clinic, small claims, Maryland Rules, Maryland Rules of Professional Conduct, Maryland Code of Judicial Conduct, consumer protection, Civil Procedure, Consumer Protection Law, Evidence
Publisher: DigitalCommons@UM Carey Law
Year: 2013
OAI identifier: oai:digitalcommons.law.umaryland.edu:ct_briefs-1008
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