A complaint has been filed in California accusing a collector of violating the Fair Debt Collection Practices Act and Regulation F by attempting to collect a debt through calls and text messages to the plaintiff’s cell phone after consent had been revoked and after the debt in question had been …
Read More »Non-Profit Sues Companies for Allegedly Engaging in Sewer Service
A non-profit legal organization in California has filed a lawsuit against a series of allegedly interconnected companies and the individuals involved in running those companies, including a debt buying and collection operation called Sue Ya Inc., claiming they violated the Fair Debt Collection Practices Act as well as state law …
Read More »Judge Rules Collector Can’t Leave Messages When Making Location Information Calls Under FDCPA
A Magistrate judge in New York has recommended that a defendant be found to have violated the Fair Debt Collection Practices Act by making a second location information call to a debtor’s mother and by asking the mother to have her daughter — the debtor — call the defendant back …
Read More »Judge Grants MSJ for Defendant in FDCPA Case Over Calls to Plaintiff’s Wife
A District Court judge in Illinois has granted a defendant’s motion for summary judgment and denied a similar motion from a plaintiff in a Fair Debt Collection Practices Act case, ruling that 12 calls placed during a three-week period does not rise to the level of harassing or abusive behavior. …
Read More »Plaintiff Sues Collector for Violating FDCPA, Reg F for Sending Emails After Unsubscribing
A complaint has been filed in a Texas federal court, alleging a collector violated Regulation F by sending emails to an individual after that person allegedly unsubscribed from receiving such communications, according to a copy of the complaint. The complaint in the case of Walker v. TrueAccord can be accessed …
Read More »Collector Accused of Violating Reg F’s 7-in-7 Prohibitions
A plaintiff in Illinois has filed a lawsuit against a payment processor and debt collector, alleging it violated the Fair Debt Collection Practices Act and Regulation F by making repeated phone calls to his cell phone after the plaintiff had asked for communications to be ceased. A copy of the …
Read More »Suit Alleges Collector Violated Reg F’s 7-in-7 Provision
It is short on details, but another Regulation F lawsuit has been filed, this time in California, and, for the first time, it’s accusing a collector of violating the rule’s prohibitions on call frequency. A copy of the complaint in the case of Santander v. General Revenue Corp. can be …
Read More »FDCPA Suit Over Text Messages Includes Reference to Reg F
Before uncovering what is believed to be the first lawsuit alleging a debt collector violated Regulation F, I came across another complaint which references the debt collection rule, but, in this case, the alleged illegal activity took place before the rule went into effect. A complaint has been filed against …
Read More »Judge Grants MTD in FDCPA Case Over Alleged Refusal to Honor Payment Plan
Does allegedly agreeing to a payment plan only to back out of it constitute an unfair or deceptive practice under the Fair Debt Collection Practices Act? Not according to a District Court judge in Pennsylvania, who granted a defendant’s motion to dismiss last week, largely because the plaintiff never identified …
Read More »Judge Grants MTD in FDCPA Case Over Dispute Sent to Creditor, Not Collector
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 by contacting the plaintiff after she had disputed the debt in question with the original creditor and for making a “hard inquiry” on her …
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