A District Court judge in Illinois has granted motions in two separate Fair Debt Collection Practices Act class-action lawsuits to remand the cases back to state court, ruling the plaintiffs lacked standing to sue in federal court. Copies of the rulings in Navarroli v. Medicredit and Maldonado v. Credit Control …
Read More »Appeals Court Rules Third-Party Disclosure Violations Only Apply to Consumers
The Eighth Circuit Court of Appeals has upheld a lower court’s ruling in favor of a defendant that was sued by an attorney for violating the Fair Debt Collection Practices Act because he was sent a letter identifying him as the attorney for a consumer named in the letter, when, …
Read More »Judge Remands Hunstein Case Back to State Court for Lack of Standing
Even though she explicitly states she is not taking a position on the topic, Judge Yvette Kane of the District Court for the Middle District of Pennsylvania did say in a ruling remanding a Hunstein case back to state court for lack of standing that a defendant providing a plaintiff’s …
Read More »Judge Partially Grants Defendant’s MSJ in FDCPA Case Over Location Information Calls
A District Court judge in New York has partially granted a defendant’s motion for summary judgment, denied the plaintiff’s motion for summary judgment in a Fair Debt Collection Practices Act case involving a pair of location information calls that were placed to the plaintiff’s mother. The ruling overturns a recommendation …
Read More »Judge Grants MSJ in FDCPA Case Involving Hunstein Claim
A District Court judge in Illinois has granted a defendant’s motion for summary judgment in a Fair Debt Collection Practices Act case, illustrating why it’s a good decision sometimes to take the extra steps of going through discovery instead of attempting to win on a motion to dismiss, while also …
Read More »Judge Grants MTD in FDCPA Case Involving Hunstein Claim
A District Court judge in New York has granted a defendant’s motion to dismiss in a Fair Debt Collection Practices Act case, ruling the plaintiff lacked standing to file claims that the defendant violated the statute’s third-party disclosure provisions by using a third party to print and mail a collection …
Read More »Complaint Alleges Collector Violated Reg F’s Debt Parking Prohibition
A lawsuit has been filed against a collection agency for violating the Fair Debt Collection Practices Act and the “debt parking” provisions of Regulation F — in what might be the first such lawsuit filed following the enactment of the debt collection rule last November. A copy of the complaint …
Read More »Judge Dismisses FDCPA Case Over Multiple Address, Third-Party Disclosure, for Lack of Standing
A District Court judge in New Jersey — taking the issue up all on her own — has ruled that a plaintiff lacks standing to sue a collection agency after accusing it of violating the Fair Debt Collection Practices Act because it used multiple addresses in a collection letter and …
Read More »Complaint Accuses Agency of Texting Mother About Daughter’s Debt
A collection agency is being sued for allegedly violating the Fair Debt Collection Practices Act because it sent a text message to the plaintiff’s mother — who also had an account placed with the defendant — with the daughter’s name after the mother made a payment on her own account. …
Read More »Judge Denies MTD in Hunstein Copycat Case
A District Court judge in Washington has denied a defendant’s motion to dismiss after it was sued for allegedly communicating information about a debt with an unauthorized third party that printed and mailed a collection letter to the plaintiff, ruling that the language of the Fair Debt Collection Practices Act …
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