The Denver-based law firm failed to thwart a second class-action lawsuit in U.S. District Court over improper business practices in eviction filings.
“Here, Defendant was retained by a landlord to initiate eviction proceedings against Plaintiff due to failure to pay back rent, which is a consumer transaction under the [Fair Debt Collections Practice Act],” Gallagher wrote in the order. “Counsel does not make a cogent argument as to why the Magistrate Judge’s reliance upon Warden is an error. …Indeed, this issue was made clear in Warden when the Court denied the defendant’s motion to dismiss.
That wasn’t true for Warden: Tschetter Sulzer filed an eviction against her anyway, according to her suit. “That being said, the Court will not entertain another motion to dismiss regarding the same content as discussed in this Order,” Gallagher’s September 11 ruling states. “Defendant, should it choose to file another motion to dismiss, will be limited to issues not addressed in this Order or new issues raised in the Amended Complaint.”and attorney fees — despite paying the full amount of her back rent — hadn’t proved harm. Again, the judge found that incorrect.
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