FDCPA

A District Court judge in Ohio has granted default judgment in favor of the plaintiff and awarded $23,000 in damages and attorney’s fees after a collection agency was accused of violating the Fair Debt Collection Practices Act and Telephone Consumer Protection Act, but did not answer a complaint, the application …

In a unanimous vote, the Supreme Court yesterday ruled law firms that perform non-judicial foreclosures do not meet the definition of debt collectors under the Fair Debt Collection Practices Act, in a case that may eliminate thousands of similar homeowner lawsuits across the country. A copy of the ruling in …

A District Court judge in Indiana has granted a motion for judgment on the pleadings in favor of a defendant that was sued for violating the Fair Debt Collection Practices Act because it allegedly did not explicitly detail the relationship between itself and the current creditor. A copy of the …

A District Court judge in Wisconsin has granted a defendant’s motion for summary judgment after it was accused of violating the Fair Debt Collection Practices Act by not using the phrase “current creditor” in a collection letter. A copy of the ruling in the case of Steffek & Vandenwyngaard v. …

A collection agency has had a motion for summary judgment granted in part and denied in part after it was accused of violating the Fair Debt Collection Practices Act and the Telephone Consumer Protection Act by allegedly calling an individual 297 times in 150 days and sending a collection letter …

The Ninth Circuit Court of Appeals last week vacated a lower court’s summary judgment ruling after a plaintiff sued a collection agency in a California federal court for allegedly violating the Fair Debt Collection Practices Act by filing a declaration in state court that violated state law. A copy of …

Relying on the policies and procedures of the original creditor and the subsequent debt buyer, a District Court judge has agreed to compel arbitration in a class-action lawsuit in which the debt buyer was accused of violating the Fair Debt Collection Practices Act by indicating the “current balance” on a …

The Second Circuit Court of Appeals has affirmed a lower court’s ruling dismissing a class-action lawsuit that accused a collection agency of violating the Fair Debt Collection Practices Act because of disclosures in the letter related to the accrual of interest on the unpaid debt. A copy of the ruling …

A District Court judge in New Jersey has denied a defendant’s motion for summary judgment but granted an immediate appeal of the ruling to the Third Circuit Court of Appeals after it was sued for allegedly violating the Fair Debt Collection Practices Act by failing to note in a collection …

There are apps out there now that imitate the voices of real people and individuals are using them during phone conversations with collection agents as a means of wasting an agent’s time and making it impossible to collect on a debt. That was just one of a number of important …