FDCPA

The Third Circuit Court of Appeals has overturned a lower court’s summary judgment ruling in favor of a defendant in a Fair Debt Collection Practices Act case on a legal technicality, sending the case back to the District Court for further proceedings. The defendant had withdrawn one of its arguments …

A Magistrate Judge in a District Court in Alabama has granted a defendant’s motion to dismiss after it was sued for allegedly violating the Fair Debt Collection Practices Act by sending a second collection letter during the validation period that offered a settlement and informed the plaintiff that the account …

In another one of those “if you get a letter from a debt collector saying you need to contact them, please do so” cases, a District Court judge in Indiana has dismissed a case against a collector that was accused of violating the Fair Debt Collection Practices Act because it …

A District Court judge in New Jersey has granted a defendant’s motion for summary judgment after it was sued for allegedly violating the Fair Debt Collection Practices Act by including an invitation for the plaintiff to contact the defendant via telephone in an initial collection letter, creating confusion over the …

When given multiple “meaningful” offers to settle a lawsuit, the Seventh Circuit Court of Appeals has sent up a warning flare to all plaintiffs and their attorneys that they should accept it, lest they lose the big payday they were hoping for. A copy of the ruling in the case …

The Consumer Financial Protection Bureau today filed suit against Foster & Garbus, a collection law firm, alleging it violated the Fair Debt Collection Practices Act by misrepresenting that attorneys were meaningfully involved in lawsuits. A copy of the complaint in the case of Bureau of Consumer Financial Protection v. Foster …

For the second time, the Second Circuit Court of Appeals has ruled on a case that seeks to determine when the statute of limitations on a potential violation of the Fair Debt Collection Practices Act occurs, determining that an individual does not need to receive notice of the violation before …

A District Court judge in Kansas has denied a defendant’s motion to dismiss after it was sued for allegedly violating the Fair Debt Collection Practices Act by applying a payment from an individual to multiple debts, including one where the statute of limitations had expired, thus re-starting the clock and …

A District Court judge in Illinois has granted a defendant’s motion for judgment on the pleadings after it was sued for allegedly violating the Fair Debt Collection Practices Act by not properly identifying the current creditor in a collection letter, ruling that the plaintiff’s lack of understanding of the identity …

Being “blamelessly ignorant” should be enough to delay the start of a statute of limitations clock in a Fair Debt Collection Practices Act case until the individual in question learns an injury has occurred and the clock should not start when the actual violation happened, the petitioner in an upcoming …