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FDCPA

Appeals Court Overturns Dismissal Over Language in Letter

The Court of Appeals for the Third Circuit, in a non-precedential opinion, has reversed a lower court’s dismissal of a lawsuit and reinstated a lawsuit filed by an individual against a collection agency for allegedly violating the Fair Debt Collection Practices Act for the language it included in a collection …

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Agency Gets Overshadowing Suit Dismissed

A federal judge in the Northern District of Indiana, Fort Wayne Division, has granted a defendant’s motion to dismiss a lawsuit that alleged it violated the Fair Debt Collection Practices Act by overshadowing the 30-day dispute notification window in a collection letter. A copy of the ruling in LaMarr v. …

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Lawsuit Totals Plummet in September: WebRecon

Plaintiff’s attorneys and professional plaintiffs appeared to take vacations in September, filing significantly fewer lawsuits against collection agencies alleging violations of the Fair Debt Collection Practices Act, the Telephone Consumer Protection Act, and the Fair Credit Reporting Act, according to data released on Friday by WebRecon. The number of lawsuits …

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Judge Dismisses FDCPA Overshadowing Case

With all the attention focused on collection letters these days, it can be heartening to see the industry get a win. A federal judge in Illinois has granted a defendant’s motion to dismiss after a plaintiff filed suit alleging the letter he received violated the Fair Debt Collection Practices Act …

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FTC, NY AG File Suit Alleging Illegal Collection Tactics

The Federal Trade Commission and the Attorney General of New York are accusing a number of defendants of violating the Fair Debt Collection Practices Act and the FTC Act by fabricating personas to collect more than what was owed by individuals. Those accused of the violations are Robert Heidenreich, who controls …

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