FDCPA

Judge Dismisses FDCPA, TCPA Case Over Improper Service

A collection agency that never responded to a lawsuit or appeared to defend itself against a default judgment nonetheless still won a dismissal because the plaintiff did not properly serve the defendant with the summons after alleging the agency violated the Fair Debt Collection Practices Act and the Telephone Consumer …

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Appeals Court Rules Student Loan Guarantor Not ‘Collector’ Under FDCPA, Even When Trying to Collect on Non-Existent Debts

The Eleventh Circuit Court of Appeals has affirmed a lower court’s decision that the Pennsylvania Higher Education Assistance Authority, a guarantor of student loans, does not meet the definition of debt collector under the Fair Debt Collection Practices Act after it was accused of collecting debts from the wrong individual. …

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Judge Grants MTD in FDCPA Case Over SOL Disclosure

Keeping the language of a collection letter somewhat vague and stopping short of providing legal advice has allowed a defendant to be granted a motion to dismiss after it was sued for allegedly violating the Fair Debt Collection Practices Act because it did not specifically reference a state law on …

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Judge Grants MTD in FDCPA Overshadowing Case

A District Court judge in California has granted a defendant’s motion to dismiss after it was sued for allegedly violating the Fair Debt Collection Practices Act because the content in a collection letter overshadowed the validation notice in the same letter. A copy of the ruling in the case of …

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