Tag Archives: 1692e

You ever have a situation where you and someone else just don’t see eye to eye on anything? A debt collector is having that problem with a husband and wife, where both sides agree that a debt is owed, but disagree on just about everything that happened after that debt …

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 …

Courts within the Seventh Circuit continue to attack the issue of standing in Fair Debt Collection Practices Act cases, this time dismissing a case because a plaintiff was confused about the amount that was owed after receiving a collection letter, because the plaintiff never made any attempt to pay the …

You’re damned if you do, and you’re damned if you don’t. Debt collectors are often accused of not providing enough documentation when filing lawsuits against consumers for unpaid debts, but can even be accused of violating the Fair Debt Collection Practices Act when they do provide all the documentation that …

In a case that was defended by Rick Perr of Kaufman Dolowich & Voluck, a District Court judge in New Jersey has granted a defendant’s motion for summary judgment in a Fair Debt Collection Practices Act class-action lawsuit over the 1099C language in a collection letter, ruling that the disclosure …

Have you seen those videos, where someone painstakingly takes clips from actors saying different words and assembles them into recreations of songs or famous speeches? Well, at the end of the day, what is recreated is still a song or a famous speech? Similarly, plaintiffs can’t parse words in collection …

In a case that was defended by the team at Malone Frost Martin, a District Court judge in Illinois has granted a defendant’s motion to dismiss after it was sued for violating the Fair Debt Collection Practices Act by allegedly making conflicting and overshadowing claims in a collection letter. A …

There is no doubt that consumers are often confused by the information that is sent to them by debt collectors. It is the very reason why courts have instituted the least sophisticated consumer standard, a lens through which judges can determine whether even the village idiot would understand what is …

A District Court judge has granted a defendant’s motion for judgment on the pleadings after it was sued by a brother and sister for allegedly violating the Fair Debt Collection Practices Act by discussing the sister’s debt with the brother, but only after the brother used the sister’s personal information …