Compliance

A District Court judge in Michigan has granted a defendant’s motion to dismiss a class action on one of the claims accusing a company of violating the Fair Debt Collection Practices Act, but denied the motion to dismiss the remaining claims, ruling that using different account numbers when attempting to …

The Connecticut Department of Banking has levied a $10,000 fine against a company for operating as a consumer collection agency in the state without obtaining the proper license. A copy of the ruling in the matter against Lockhart, Morris & Montgomery can be accessed by clicking here. Last June, Lockhart, …

A District Court judge in Georgia has granted a defendant’s motion for summary judgment, ruling that it was entitled to the Fair Debt Collection Practices Act’s bona fide error defense after a plaintiff disputed a debt that was not marked as disputed on the plaintiff’s credit report. A copy of …

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The Court of Appeals for the Eleventh Circuit has overturned the dismissal of a Fair Debt Collection Practices Act case, ruling that statements sent to the plaintiffs indicating that the balance on the debt was accruing when a settlement had been reached is enough for the plaintiffs to state a …

A District Court judge in Pennsylvania has denied a defendant’s motion for summary judgment, ruling that “reasonable juror” could determine that a collector acted with “requisite intent” when it made 12 calls to an individual after being notified that the individual no longer wanted to be contacted about an unpaid …

A District Court judge in Utah has approved a requested award for attorney’s fees in a Fair Debt Collection Practices Act case, but lowered the award for the named plaintiff in the class-action case, ruling that an incentive award beyond what is statutorily allowed was not authorized under the FDCPA. …

A New Jersey Appeals Court has upheld a ruling in favor of a debt collector that was sued for filing a collection lawsuit against an individual, after the individual claimed, among other issues, that the collector should not have been allowed to file suit during the pandemic because of a …

A District Court judge in California has granted a defendant’s motion to dismiss — although giving the plaintiff an opportunity to amend his complaint — after it was accused of violating the Fair Debt Collection Practices Act because it allegedly did not update information that was being furnished to the …