FDCPA

A District Court judge in Mississippi has granted a defendant’s motion for sanctions and ordered the plaintiff’s attorneys to repay the defendant for 16 months of legal fees in a Fair Debt Collection Practices Act case. A copy of the ruling in the case of Gordon v. United Medical Recovery …

A District Court judge in Washington has mostly denied a defendant’s motion to dismiss — she did grant it on one count of the claim — in a Fair Debt Collection Practices Act case in which the debt collector was accused of attempting to collect a debt that the plaintiff …

At the end of the day, all you can control are your own actions. If you ask someone to do something and they don’t do it, is that your fault? A District Court judge in Michigan opted to place blame where it lies, which was not with a collection agency …

A District Court judge in New York has granted a plaintiff’s motion for summary judgment in a Fair Debt Collection Practices Act case, but awarded the plaintiff only $500 in damages because of mitigating circumstances, after the defendant was accused of overstating the amount that was owed. A copy of …

In one fell swoop on Friday, a District Court judge in New York dismissed six Hunstein cases for lack of standing, ruling that a recent Supreme Court decision “casts significant doubt on the continued viability of Hunstein” cases, but giving the plaintiffs time to amend their complaints, either in federal …

A District Court judge in Arizona has granted a defendant’s motion to dismiss after it was sued for allegedly violating the Fair Debt Collection Practices Act by serving the plaintiff with a summons for a collection lawsuit in the incorrect venue, ruling that the plaintiff’s failed attempt to have the …

The defendant in a Fair Debt Collection Practices Act case where a lower court’s dismissal was reversed over the inclusion of a barcode on the envelope containing a collection letter has filed a petition with the Third Circuit Court of Appeals for an en banc rehearing, arguing that the Supreme …

A class-action lawsuit has been filed in New Jersey by a plaintiff who claims that a debt buyer allegedly violated the Fair Debt Collection Practices Act because it did not have the proper license to authorize a collection law firm to try and collect on a judgment in that state …

On many of my webinars, attorneys have exhorted companies in the accounts receivable management industry from being creative, at least when it comes to making required disclosures. Getting cute or creative is rarely a good idea. Now, the Eighth Circuit Court of Appeals has jumped on board this train, ruling …

Creating a sense of urgency is a tried-and-true sales tactic that has been used time and again. Make people think they have to act fast to save a few bucks and they will often take you up on that offer. Following that sense of urgency with a note that if …