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BAUMAN v. BANK OF AMERICA, N.A.

No. 15-3106.

808 F.3d 1097 (2015)

Brian W. BAUMAN; Cynthia S. Bauman, Plaintiffs-Appellants, v. BANK OF AMERICA, N.A.; Hudson City Savings Bank; Mortgage Electronic Registration Systems, Inc., Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

December 23, 2015.

Attorney(s) appearing for the Case

ON BRIEF: Andrew J. Gerling , Troy J. Doucet , Doucet & Associates, Inc., Dublin, Ohio, for Appellants. Michael Gerst , Reed Smith LLP, Los Angeles, California, Stephanie J. Peel , Reed Smith LLP, Pittsburgh, Pennsylvania, Amanda L. Holzhauer , James W. Sandy , McGlinchey Stafford, Beachwood, Ohio, for Appellees.

Before: COLE, Chief Judge; SUTTON, Circuit Judge; BELL, District Judge.

OPINION

Did Defendants who failed to bring a debt collection action as a counterclaim to a Fair Debt Collection Practices Act lawsuit waive their ability to collect on the debt in the future? That is the question presented in the latest round of litigation between Plaintiffs-Appellants Brian and Cynthia Bauman and...

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