FDCPA

The Court of Appeals for the Ninth Circuit has affirmed a lower court’s ruling denying a debt collector’s motion for relief from a judgment because of “gross negligence” by its attorney for failing to respond to a motion for summary judgment filed by the plaintiff in a Fair Debt Collection …

Sometimes, you’re not paying attention when you’ve dialed your phone and are waiting for someone to pick up. Maybe you’re grooving out to a good song and you don’t notice that the call went to voicemail and that you’ve been humming and singing for a few seconds. While it likely …

A District Court judge in New York has granted a defendant’s motion to dismiss after it was sued for allegedly violating the Fair Debt Collection Practices Act when it sent four letters to an individual that each offered to settle a debt for 50% of the balance owed, while noting …

A District Court judge in Kansas has granted a defendant’s motion to dismiss a Fair Debt Collection Practices Act case, ruling that the plaintiff lacked standing to sue because she was confused about an alleged discrepancy in the balance of her debt after receiving several collection letters, but, perhaps more …

A District Court judge in Illinois has granted a plaintiff’s motion to remand a Fair Debt Collection Practices Act case back to state court, while denying the motion for attorney fees and costs, after the plaintiff received two collection emails from the defendant in which the name of the original …

Receiving one phone call and six messages from a collector after notifying it that she was being represented by an attorney is not enough to warrant the $25,000 in emotional distress being sought by the plaintiff in a Fair Debt Collection Practices Act case, ruled a Magistrate Judge, saying that …

A District Court judge in Wisconsin has denied a defendant’s motion for fees and costs in a Fair Debt Collection Practices Act case, even though it won a summary judgment ruling and the plaintiff admitted owing the debt, not writing the dispute letters himself, and never following up to make …

In a case that is being defended by David Schultz and the team at Hinshaw Culbertson, a District Court judge in Illinois has granted a plaintiff’s motion to remand a Hunstein class action lawsuit back to state court, disagreeing with the Eleventh Circuit Court of Appeals’s ruling in the case …

An interesting Fair Debt Collection Practices Act case out of Minnesota involving a creditor who mis-spelled a customer’s first and last name when placing the account with a law firm for collection, a customer who changed her name before filing for bankruptcy protection, and a law firm that may or …

A District Court judge in Ohio has awarded a plaintiff more than $70,000 in damages and attorney fees after a default judgment was entered against a defendant in a Fair Debt Collection Practices Act case that accused the defendant of not properly identifying itself as a debt collector in conversations …