FDCPA

A District Court judge in Connecticut has reduced the amount to be awarded in attorney’s fees by 27% to a plaintiff who won a Fair Debt Collection Practices Act lawsuit against a collection law firm that listed two different amounts owed in a collection letter that was found to be …

The Court of Appeals for the Seventh Circuit has overturned a lower court’s dismissal of a lawsuit in which a defendant was accused of violating the Fair Debt Collection Practices Act because it included a disclosure about a the creditor possibly filing a debt cancellation notice with the Internal Revenue …

A District Court judge in Wisconsin has denied class certification and granted summary judgment in favor of a defendant that was accused of violating the Fair Debt Collection Practices Act by including a reference to the requirement that the Internal Revenue Service may have to be notified of a debt …

A District Court judge in Illinois has granted a defendant’s motion for summary judgment after it was sued for allegedly violating the Fair Debt Collection Practices Act because it charged a $3 service fee for payments made online via a debit or credit card. A copy of the ruling in …

A District Court judge in Indiana has granted a defendant’s motion for judgment on the pleadings after it was sued for violating the Fair Debt Collection Practices Act because it did not adequately identify the name of the current creditor in a collection letter. A copy of the ruling in …

The Court of Appeals for the Second Circuit in a summary order has upheld a lower court’s ruling in a Fair Debt Collection Practices Act case in which a collection agency was sued for allegedly sending a letter that included false or deceptive representation when it denoted that both the …

The Second Circuit Court of Appeals has issued a non-precedential summary order affirming a lower court’s granting of a motion for judgment on the pleadings in favor of a defendant that was sued for allegedly violating the Fair Debt Collection Practices Act by sending a collection letter that included an …

A District Court judge in Alabama has granted a defendant’s motion to dismiss after the plaintiff could not remember if she sent a cease and desist letter to the defendant or the original creditor, and because the communication in question was one of three carve-outs in the Fair Debt Collection …

A District Court judge in New Jersey has denied a defendant’s motion to dismiss for violating the Fair Debt Collection Practices Act by allegedly misrepresenting that the balance of a debt may increase when in fact it was static. A copy of the ruling in the case of Soto v. …

A District Court judge in Indiana has denied a defendant’s motion for judgment on the pleadings after it was accused of violating the Fair Debt Collection Practices Act for allegedly reporting a debt that had been disputed, even though the dispute was sent to a fax machine number that the …