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WARREN v. SESSOMS & ROGERS, P.A.

Nos. 10-2105, 10-2155.

676 F.3d 365 (2012)

Margaret Gayle Herring WARREN, Plaintiff-Appellant, v. SESSOMS & ROGERS, P.A.; Lee C. Rogers, Defendants-Appellees. Margaret Gayle Herring Warren, Plaintiff-Appellee, v. Sessoms & Rogers, P.A.; Lee C. Rogers, Defendants-Appellants.

United States Court of Appeals, Fourth Circuit.

Decided: January 11, 2012.

As Amended February 1, 2012.

Attorney(s) appearing for the Case

ARGUED: Anthony J. Majestro , Powell & Majestro, PLLC, Charleston, West Virginia, for Appellant/Cross-Appellee. Dauna L. Bartley , Ellis & Winters, LLP, Raleigh, North Carolina, for Appellees/Cross-Appellants. ON BRIEF: Angela Orso Martin , Martin Attorney at Law, PLLC, Sanford, North Carolina, for Appellant/Cross-Appellee.

Reversed and remanded by published opinion. Judge MOTZ wrote the opinion, in which Judge GREGORY and Judge FLOYD joined.

OPINION

DIANA GRIBBON MOTZ, Circuit Judge:

Margaret Warren sued the law firm of Sessoms & Rogers, P.A. ("S & R") and attorney Lee C. Rogers (collectively "the defendants"), alleging that they violated the Fair Debt Collection Practices Act ("FDCPA" or the "Act"), 15 U.S.C. § 1692 et seq. Prior to any discovery, the defendants made Warren an offer of judgment pursuant to Rule 68 of the Federal Rules of Civil Procedure. When Warren did...

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