FDCPA

A District Court judge in North Carolina has granted a defendant’s motion to dismiss after it was sued for allegedly violating the Fair Debt Collection Practices Act by not quoting the statutory dispute notice language in a collection letter. A copy of the ruling in the case of Cavin v. …

A District Court judge in Pennsylvania has denied a defendant’s motion to dismiss and granted a motion to certify a class in a case in which the defendant is accused of violating the Fair Debt Collection Practices Act by sending deposition notices to individuals with default judgments entered against them …

[EDITOR’S NOTE: The following was written by Ronald S. Canter and is being re-published with his permission.] Stephanie Adams of Windsor, Virginia, who operates a credit repair business out of her home, was subject of collection action by Applied Business Services of Edenton, North Carolina for an unpaid medical bill. Applied sent …

A Magistrate judge in Florida has denied motions for summary judgment from both the plaintiff and the defendant in a case where the defendant — a hospital — is accused of violating the Fair Debt Collection Practices Act by using the name of its in-house collection operation when filing a …

A District Court judge in Minnesota has granted a defendant’s motion to dismiss after it was sued for violating the Fair Debt Collection Practices Act by allegedly misstating the amount of interest and fees when filing a proof of claim in a bankruptcy proceeding. A copy of the ruling in …

A collection agency has been granted a motion to dismiss by a District Court judge in Illinois after it was sued for allegedly violating the Fair Debt Collection Practices Act by including language in a collection letter that was provided by the creditor. A copy of the ruling in the …

Acknowledging that a collection letter only has to be correct at the time it was sent and not include “extra assurance” that what is in the letter will not change in the future, a District Court judge in New York has granted a defendant’s motion for summary judgment after it …

A District Court judge in Illinois has denied a defendant’s motion to dismiss and its motion to decertify a class after it was sued for allegedly violating the Fair Debt Collection Practices Act regarding a time-barred notice in a collection letter. A copy of the ruling in the case of …

A District Court judge in New York has granted a defendant’s motion to dismiss after it was sued for violating the Fair Debt Collection Practices Act because it was not specific enough in a collection letter with respect to the deadline for receiving a payment. A copy of the ruling …

A District Court judge in Indiana has denied a defendant’s motion to dismiss after it was sued for allegedly violating the Fair Debt Collection Practices Act by including line items for “interest” and other “charges” even though the amounts were zero and no such fees could be added to the …