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Read More »Judge Partially Dismisses FDCPA Suit on Remand From Appeals Court
A District Court judge in Maryland has partially granted a defendant’s motion to dismiss in a case that was remanded back to the court after a ruling from the Fourth Circuit Court of Appeals last year determined that the court had erred in deciding when the one-year statute of limitations …
Read More »Collector Under Investigation Fighting Seizure of $90k: Report
Federal prosecutors who are investigating the owner of several debt collection companies that allegedly engaged in illegal collection activities are seeking the forfeiture of more than $90,000 that was seized from the owner’s home by armed agents last year, according to a published media report. The money belonged to Mark …
Read More »Judge Grants MTD in FDCPA Case Over Service During Pandemic
A District Court judge in Michigan has granted a defendant’s motion to dismiss after it was sued for allegedly violating the Fair Debt Collection Practices Act when the plaintiffs were served with a summons and complaint in a debt collection lawsuit because the process servers purportedly harassed them by serving …
Read More »Collector Reaches $1.1M Settlement in FDCPA Case
A federal judge in California has approved a $1.1 million settlement in a class-action lawsuit in which a debt collector was accused of violating the Fair Debt Collection Practices Act by using false threats of imprisonment to coerce individuals into making payments. A copy of the order approving the settlement …
Read More »California Supreme Court Overturns Call Recording Ruling
The California Supreme Court yesterday overturned a lower court’s ruling, determining that the parties and nonparties must get consent from everyone on a wireless or cellular phone call before making a recording. A copy of the ruling in the case of Smith v. LoanMe can be accessed by clicking here. …
Read More »Appeals Court Affirms Ruling for CRO Sued by Collectors For Allegedly Sending Fraudulent Disputes
The Court of Appeals for the Fifth Circuit has upheld a ruling in favor of a credit repair organization that was sued by a debt collector for allegedly perpetrating a fraud by failing to disclose it was sending letters to the collector in its clients names and on their behalves, …
Read More »NOT APRIL FOOLS — Supreme Court Issues Ruling in Duguid v. Facebook
The Supreme Court today issued its ruling in Facebook v. Duguid, reversing and remanding the case back to the Ninth Circuit Court of Appeals. The Court, in an unanimous opinion, held that an automated telephone dialing service as defined in the Telephone Consumer Protection Act must be that has “the …
Read More »Judge Certifies Class in FDCPA Suit
A District Court judge in California has certified a class in a case accusing a company that performs billing and collection services for a car rental company of violating the Fair Debt Collection Practices Act by sending letters from the billing arm of the company without the mini-Miranda notice. A …
Read More »Judge Denies Plaintiff’s Motion for Partial Judgment in FDCPA Letter Case
Would a least sophisticated consumer understand — when reading a collection letter related to the collection of a deficiency balance on her car loan — that the debt is a “consumer debt” as defined by the Fair Debt Collection Practices Act? A District Court judge in Arizona thinks the answer …
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