FDCPA

Wells Fargo has won dismissal of a class-action lawsuit alleging it violated the Fair Debt Collection Practices Act when it mistakenly sent letters offering options to those who had been impacted by Hurricane Irma to individuals who were no longer customers of the bank. A copy of the ruling in …

A debt collector suffered the triple whammy of having a summary judgment only partially denied, the plaintiff’s class certification granted, and the judge giving the collector 14 days to show cause why the plaintiff should not be granted summary judgment, in a case in which the collector did exactly what …

The number of lawsuits filed that allege violations of consumer protection statutes — the Fair Debt Collection Practices Act, the Fair Credit Reporting Act, and the Telephone Consumer Protection Act — all dropped in December, compared with a month earlier, and for the FDCPA and TCPA, it summed up how …

This is one of those cases where, even when a collection agency writes what the law proscribes, a judge can still say it confused the least sophisticated consumer. A federal judge in Pennsylvania has denied a request for summary judgment in a case where a plaintiff is accusing a collection …

A federal judge in Texas has denied a motion to dismiss filed by a collection law firm that was accused of violating the Fair Debt Collection Practices Act by filing a collection suit against the plaintiff, even though the plaintiff claimed the debt did not belong to him. A copy …

The Court of Appeals for the Fifth Circuit has affirmed a lower court’s ruling that a law firm is not a “debt collector” as defined by the Fair Debt Collection Practices Act because it was not “regularly” engaged in debt collection. A copy of the ruling in Reyes v. Steeg …

A collection agency has had part of a class-action lawsuit filed against it dismissed, but a federal judge did not completely dismiss all of the charges filed against the agency after it was accused of violating the Fair Debt Collection Practices Act by attempting to collect unenforceable penalties. A copy …

Manny Newburger from Barron & Newburger has published a summary of a case where The Sixth Circuit Court of Appeals has reversed a lower court’s summary judgment ruling that had dismissed a case filed by an individual who sued a collection law firm for allegedly violating the Fair Debt Collection …

The Court of Appeals for the Second Circuit has upheld a lower court’s summary judgment ruling, affirming an $11 million judgment and banning two individuals from the collections industry for life. A copy of the ruling in Federal Trade Commission v. William Moses, Mark Briandi, and Federal Recoveries can be …

A federal judge in Minnesota has pretty much split the difference between requests from a plaintiff and defendant in awarding attorney’s fees for a settled case involving allegations that a debt buyer and debt collector violated the Fair Debt Collection Practices Act. A copy of the ruling in Heroux v. …