FDCPA

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 …

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 …

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 …

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 …

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 …

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 …

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 …

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 …

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 …

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 …