Tag Archives: 1692e

The defendants in a class-action Fair Debt Collection Practices Act overshadowing case have asked a District Court judge to reconsider her partial denial of a motion to dismiss, after the judge granted the motion on two of the three counts last month. A copy of the motion in the case …

A District Court judge in New York has granted a defendant’s motion for summary judgment on six of the seven counts in a lawsuit claiming a letter it sent to the plaintiff violated several sections of the Fair Debt Collection Practices Act, but denied summary judgment motions from both sides …

A District Court judge in Indiana has granted a defendant’s motion to dismiss after it was sued for violating the Fair Debt Collection Practices Act because the internal account numbers it referenced in two collection letters — seeking to collect the same debt owed to the same creditor — were …

A collection law firm in New Jersey is facing a pair of class-action lawsuits that have been filed against it in Pennsylvania, accusing the firm of not sending mandatory notices required by law when suing individuals and for enrolling individuals in automatic payment plans without first obtaining their consent. A …

The Court of Appeals for the Seventh Circuit continued its attack on standing in Fair Debt Collection Practices Act cases yesterday, vacating the denial of a defendant’s motion to compel arbitration because the court lacked jurisdiction after it ruled that the plaintiff failed to allege she suffered an injury after …

A District Court judge in Illinois has denied a defendant’s motion to dismiss after it was sued for allegedly violating the Fair Debt Collection Practices Act because it said it would not sue the plaintiff to collect a debt for which the statute of limitations had expired instead of saying …

Using a standard template form in a lawsuit against an individual does not constitute a violation of the Fair Debt Collection Practices Act, a District Court judge in Nebraska has ruled, granting the defendant’s motion to dismiss. A copy of the ruling in Schmitt v. Messerli & Kramer, P.A., can …

A District Court judge in Illinois has denied a defendant’s motion to dismiss after it was sued for allegedly violating the Fair Debt Collection Practices Act because it said it “will not” sue an individual for a time-barred debt instead of saying it “can not” do so. A copy of …

A District Court judge in New Jersey has granted a defendant’s motion to dismiss after it was sued for violating the Fair Debt Collection Practices Act by sending a letter to the plaintiff that allegedly misled the plaintiff into thinking that the debt could be disputed orally, instead of in …

A District Court judge in Missouri has granted a motion for judgment on the pleadings on behalf of a defendant that was sued for allegedly violating the Fair Debt Collection Practices Act by including a disclosure from the original creditor that the individual who was sent a collection letter may …