FDCPA

A District Court judge in Pennsylvania has granted a defendant’s motion to dismiss after it was sued for violating the Fair Debt Collection Practices Act because settlement offers mentioned in an initial collection notice allegedly violated the 30-day dispute window. A copy of the ruling in the case of Bernard …

Consumer attorneys are seizing upon the fact that validation notices sent to consumers no longer need to have the date the letter was mailed on it, and are suing collectors for violating Regulation F and the Fair Debt Collection Practices Act, alleging that the validation date provided in those notices …

A District Court judge in Kentucky has partially granted and partially denied a collection attorney’s motion to dismiss a Fair Debt Collection Practices Act lawsuit, ruling that the attorney’s motion for default judgment in an underlying collection case was “improper” because the plaintiff had filed a response to the suit. …

There isn’t much to the ruling in this case, but it does involve a trend that I have been hearing more of in recent months, so I wanted to highlight this in case you haven’t seen it, or have seen it and are curious how these cases are being handled. …

A District Court judge in New York has granted a defendant’s motion for summary judgment in a Fair Debt Collection Practices Act class action case, determining that the plaintiff lacked standing to sue because he did not suffer a concrete injury after alleging the defendant violated the statute by sending …

A District Court judge has denied a plaintiff’s motion to remand a Fair Debt Collection Practices Act case back to state court while also granting the defendant’s motion to dismiss, ruling that the plaintiff had standing to sue in federal court, but did not state a claim on which the …

A complaint has been filed in California accusing a collector of violating the Fair Debt Collection Practices Act and Regulation F by attempting to collect a debt through calls and text messages to the plaintiff’s cell phone after consent had been revoked and after the debt in question had been …

I don’t know about you, but with all the times that I have purchased real estate — one, to be exact — I remembered whether I was at the closing or whether I had someone attend for me, and whether I inspected the property or whether I bought it sight …

A lawsuit has been filed in federal court in Texas accusing a collector of violating the Fair Debt Collection Practices Act and Regulation F by not including the itemization information required in an initial collection notice that was sent to the plaintiff. A copy of the complaint in the case …

An Appeals Court in Washington state has upheld a lower court’s dismissal of a Fair Debt Collection Practices Act case that accused a creditor of violating the statute by attempting to collect in a name different than its own. A copy of the ruling in the case of Morgan v. …