FDCPA

The Seventh Circuit Court of Appeals has partially overturned a lower court’s dismissal of a suit in which a collector was accused of violating the Fair Debt Collection Practices Act by including the statement “Time Sensitive Document” on the envelope. A copy of the ruling in the case of Preston …

The Court of Appeals for the Seventh Circuit has reversed a lower court’s summary judgment award in favor of a defendant and instead remanded the case back for summary judgment in favor of a plaintiff who sued a collection agency for allegedly violating the Fair Debt Collection Practices Act by …

One of the downsides to sending emails has led to a collection agency being sued for allegedly violating the Fair Debt Collection Practices Act. A copy of the complaint in the case of DeHart v. CollectionCenter, Inc., can be accessed by clicking here. Earlier this month, the plaintiff noted an …

A District Court judge in Illinois has ruled that a group of defendants did not waive their right to compel arbitration because they spent four months defending themselves against a lawsuit that alleged they violated the Fair Debt Collection Practices Act by trying to collect on a debt that had …

A District Court judge in Pennsylvania has denied a defendant’s motion to dismiss after it was sued for allegedly violating the Fair Debt Collection Practices Act because it failed to include a disclosure in a collection letter that a partial payment on a time-barred debt would re-start the statute of …

The Sixth Circuit Court of Appeals has vacated a lower court’s ruling in favor of plaintiffs in a class action who were awarded $3,662 in damages and their attorneys who were awarded $180,000 after the court ruled the defendant violated the Fair Debt Collection Practices Act by including the costs …

A District Court judge in Illinois has granted a defendant’s motion for summary judgment after it was sued for violating the Fair Debt Collection Practices Act because it did not mark an account as disputed after the plaintiff allegedly faxed her dispute during the validation period. A copy of the …

The Court of Appeals for the Sixth Circuit has upheld a summary judgment ruling in favor of a defendant that was sued for allegedly violating the Fair Debt Collection Practices Act because it did not provide the proper documentation to verify an account that had been disputed and that was …

A District Court judge in Massachusetts has granted certification to a class of plaintiffs alleging a collection letter sent by a defendant violated the Fair Debt Collection Practices Act, but restricted the number of participants to those plaintiffs who had the same original creditor. A copy of the ruling in …

The Court of Appeals for the Fifth Circuit has reversed a lower court’s certification of a class action and questioned whether the class even has standing to sue in the first place in a Fair Debt Collection Practices Act case over whether a collection letter contained a false threat to …