FDCPA

A District Court judge in Pennsylvania has granted a defendant’s motion to dismiss after it was sued for allegedly violating the Fair Debt Collection Practices Act by not specifically mentioning in the validation notice that a dispute had to be filed in writing, because the plaintiff lacked standing to sue …

Debt collectors that evict tenants will have to provide written notice to those individuals, alerting them to their rights under the Centers for Disease Control’s moratorium on evictions and will face prosecution by state attorneys general for violations of the Fair Debt Collection Practices Act or private lawsuits by the …

What do you do when you receive a letter disputing a debt, but when you check your records, you have more than 600 individuals with the same name in your system? Sometimes, you don’t mark the right accounts with the dispute notification. But, if you have the proper policies and …

In a case that was defended by the team at Malone Frost Martin, the Court of Appeals for the Eighth Circuit has affirmed a lower court’s ruling in favor of a defendant that was sued for violating the Fair Debt Collection Practices Act because it did not include a copy …

In a case that is being defended by the team at Malone Frost Martin, a District Court judge in Texas has granted a defendant’s motion to compel documents related to the plaintiff’s attorneys’ fees, costs, fee arrangements, and billing records in a Fair Debt Collection Practices Act class-action lawsuit, ruling …

A District Court judge in Colorado has denied a defendant’s motion to dismiss after it was sued for allegedly violating the Fair Debt Collection Practices Act because it included a statement in a collection letter that informed the recipient that calling to obtain more information or making a payment on …

The Court of Appeals for the Third Circuit has affirmed the dismissal of a Fair Debt Collection Practices Act case in which the defendant was sued for itemizing the interest and fees due as “$0.00” in a collection letter because the plaintiff claimed the itemization falsely implied that they could …

A District Court judge in Florida went to great lengths to spell out exactly why a plaintiff lacked standing to sue in a Fair Debt Collection Practices Act case in which she alleged a collection law firm did not engage in meaningful attorney involvement before sending a validation notice on …

A District Court judge in New Jersey has granted a defendant’s motion to dismiss on two claims that it violated the Fair Debt Collection Practices Act, but denied the motion related to the other claims, while also sharing his displeasure at how collectors have induced “endless litigation” because of how …

In a case that was defended by Robbie Malone and Xerxes Martin of Malone Frost Martin, the Fifth Circuit Court of Appeals has determined that a plaintiff in a Fair Debt Collection Practices Act case is not entitled to have his attorney’s fees paid by the defendant, because he settled …