The Court of Appeals for the Third Circuit has vacated a judgment on the pleadings in favor of a defendant and remanded a Fair Debt Collection Practices Act case back to the District Court in order to determine whether the plaintiff had standing to sue in the first place. A …
Read More »Trio of Reg F Class Actions Accuse Collectors of Not Including Validation Information in Letters
EDITOR’S NOTE: This article is part of a series that is sponsored by WebRecon. WebRecon identifies serial plaintiffs lurking in your database BEFORE you contact them and expose yourself to a likely lawsuit. Protect your company from as many as one in three new consumer lawsuits by scrubbing your consumers through WebRecon …
Read More »Judge Grants MTD in FDCPA Case Over Collection Lawsuit Issues
A District Court judge in Oregon has granted a defendant’s motion to dismiss after it was sued for violating the Fair Debt Collection Practices Act, ruling that the law’s statute of limitations precludes one of the plaintiff’s claims while the other — a “minor procedural misstep” as described by the …
Read More »Judge Grants MTD in FDCPA Class-Action Over Lack of License
A District Court judge in New Jersey has granted a defendant’s motion to dismiss a Fair Debt Collection Practices Act class-action case, ruling the plaintiff lacked standing to sue after receiving a letter that referenced a current creditor which was purportedly not licensed to collect in The Garden State. A …
Read More »Collector Facing Class Action for Overshadowing Validation Notice with Settlement Offer
EDITOR’S NOTE: This article is part of a series that is sponsored by WebRecon. WebRecon identifies serial plaintiffs lurking in your database BEFORE you contact them and expose yourself to a likely lawsuit. Protect your company from as many as one in three new consumer lawsuits by scrubbing your consumers through WebRecon …
Read More »Judge Denies Motion for Reconsideration, Interlocutory Appeal in FDCPA Rent Eviction Case
A District Court judge in Colorado has denied a defendant’s motion for reconsideration and a motion to certify a matter for interlocutory appeal in a Fair Debt Collection Practices Act class-action lawsuit, disagreeing with the defendant’s argument that there has been a change in the controlling law since the original …
Read More »Judge Grants MTD in FDCPA Case for Lack of Standing
Too little, too late, a District Court judge in New York has ruled, granting a defendant’s motion to dismiss a Fair Debt Collection Practices Act case, determining that claims raised by the plaintiff in opposing the motion to dismiss to prove she had standing do not reach the threshold necessary …
Read More »FDCPA Class Action Filed Over Whether Attorney was Acting as Collection Agency
EDITOR’S NOTE: This article is part of a series that is sponsored by WebRecon. WebRecon identifies serial plaintiffs lurking in your database BEFORE you contact them and expose yourself to a likely lawsuit. Protect your company from as many as one in three new consumer lawsuits by scrubbing your consumers through WebRecon …
Read More »State Court Judge Dismisses Hunstein Class Action
A state court judge in Illinois has granted a defendant’s motion to dismiss a Hunstein class-action case, ruling that the process of the defendant sending the information to the vendor that prepared and mailed the collection letter was not a communication in connection with the collection of a debt, and …
Read More »Appeals Court Overturns Dismissal of FDCPA Class-Action, Leaves Same Case Before Two Different Judges
It definitely seems like more of an “inside baseball” type of ruling, but the Court of Appeals for the Sixth Circuit has overturned the dismissal of a Fair Debt Collection Practices Act case — in which three separate appeals were filed — leaving the same case pending before two different …
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