A District Court judge in California has granted a defendant’s motion to dismiss a class-action lawsuit after it was sued for violating the Fair Debt Collection Practices Act when it was sued because the collection agency it placed a debt with sent a collection letter that indicated the plaintiff would …
Read More »Judge Grants MSJ For Defendant, Vacates Class Certification In FDCPA Creditor ID Case
A District Court judge in Wisconsin 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 took no action to clarify his confusion over whom he should pay after receiving a collection letter …
Read More »Judge Approves $40k Settlement in FDCPA Class Action
A District Court judge in Nevada has granted approval of a plaintiff’s unopposed motion for preliminary approval of a settlement in a class action Fair Debt Collection Practices Act case after the defendant was accused of not properly identifying itself in voicemail messages that were deemed to be initial communications …
Read More »Judge Denies MTD in FDCPA Case Over Missing Reference in Validation Notice
We’ve all heard the joke, what happens when you assume? You make an ass of u and me. A collection law firm is learning that lesson the hard way after a District Court judge in North Carolina denied its motion to dismiss because it did not explicitly state who was …
Read More »Collection Law Firm Facing Pair of FDCPA Class Actions
A collection law firm in New Jersey is facing a pair of class-action lawsuits that have been filed against it in Pennsylvania, accusing the firm of not sending mandatory notices required by law when suing individuals and for enrolling individuals in automatic payment plans without first obtaining their consent. A …
Read More »Court Grants Class Certification, MSJ for Plaintiff in FDCPA Case
A District Court judge in Illinois has granted a plaintiff’s motion for class certification as well as a motion for summary judgment in a Fair Debt Collection Practices Act case that hinged on the defendant’s inclusion of an internal notation when it identified the creditor to whom the debt was …
Read More »Compliance Digest – January 4
I’m thrilled to announce that Bedard Law Group is the new sponsor for the Compliance Digest. Bedard Law Group, P.C. – Compliance Support – Defense Litigation – Nationwide Complaint Management – Turnkey Speech Analytics. And Our New BLG360 Program – Your Low Monthly Retainer Compliance Solution. Visit www.bedardlawgroup.com, email John H. Bedard, Jr., or call (678) 253-1871. Every week, …
Read More »Judge Grants Certification in FDCPA Class Action Over Reference to ‘Civil Action’ in Letter
A District Court judge in Wisconsin has certified a class in a case against a collection agency accused of violating the Fair Debt Collection Practices Act by saying it “may” commence a civil action if the debt was not paid even though it had no intention of doing so. A …
Read More »TCPA Class Action Filed Against Collector in Florida
A class-action lawsuit has been filed against a debt collector in Florida alleging it violated the Telephone Consumer Protection Act and the Fair Debt Collection Practices Act by calling the plaintiff more than 40 times after he allegedly revoked consent to be contacted and for mis-stating the amount that was …
Read More »Seventh Circuit Reverses Ruling in Letter Case Over Lack of Standing
The Court of Appeals for the Seventh Circuit continued its attack on standing in Fair Debt Collection Practices Act cases yesterday, vacating the denial of a defendant’s motion to compel arbitration because the court lacked jurisdiction after it ruled that the plaintiff failed to allege she suffered an injury after …
Read More »