A class action suit under the federal Fair Debt Collection Practices Act can proceed against a mortgage bank and a Cherry Hill, N.J., law firm for sending payment-due notices that included fees for a yet-to-be filed foreclosure.

Judge Jerome Simandle of the U.S. District Court for the District of New Jersey held on Aug. 18 in DeHart v. U.S. Bank that the allegations against the Udren Law Offices and its client, U.S. Bank, were sufficient to withstand a motion to dismiss.

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