FDCPA

A District Court judge in New Jersey has denied a defendant’s motion to dismiss after it was sued for violating the Fair Debt Collection Practices Act even though the suit was filed more than four years after the letter that is the source of the complaint was sent to the …

A District Court judge in Connecticut has granted summary judgment in favor of a plaintiff who filed a Fair Debt Collection Practices Act suit because a judgment holder applied the highest post-judgment interest rate allowed by state law, even though the order did not specify the interest rate that could …

A District Court judge in New York has granted a defendant’s motion to dismiss a class-action after it was sued for violating the Fair Debt Collection Practices Act by allegedly threatening that legal action was imminent if a payment was not made and because the alleged threat overshadowed the validation …

Even a global pandemic can’t keep individuals from filing lawsuits against collection agencies. While a record number of co-plaintiffs in a Telephone Consumer Protection Act case skewed the numbers to a degree, the number of lawsuits tracked by WebRecon in April — a month in which most of the country …

A District Court judge in Indiana has granted a defendant’s motion for summary judgment after it was sued for violating the Fair Debt Collection Practices Act and, at the same time, grappled with a provision of the statute that probably should not be so ambiguous — when does a debt …

A District Court judge in California has granted a defendant’s motion to dismiss after it was sued for violating the Fair Debt Collection Practices Act by sending an initial communication via email. A copy of the ruling in the case of Greene v. TrueAccord can be accessed by clicking here. …

A District Court judge in Illinois has granted a defendant’s motion to dismiss after it was sued for violating the Fair Debt Collection Practices Act by allegedly misrepresenting that it was not seeking to collect court costs in a separate collection lawsuit, ruling that even an unsophisticated consumer would know …

A District Court judge in Wisconsin has granted a defendant’s motion for summary judgment after it was sued for violating the Fair Debt Collection Practices Act because it allegedly falsely implied that the attorney who signed a collection complaint against the plaintiff was meaningfully involved in assessing the merits of …

The Court of Appeals for the Eleventh Circuit has partially affirmed and partially overturned a case against a debt collector that was sued for violating the Fair Debt Collection Practices Act by allegedly filing lawsuits to collect on unpaid debts even though it knew the debts were “uncollectable.” The crux …

A District Court judge in New Jersey has granted a defendant’s request to compel arbitration in a Fair Debt Collection Practices Act class-action case, more than a year after originally denying a request to do so. A copy of the ruling in the case of George v. Rushmore Service Center, …