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 …
Read More »Judge Grants MSJ For Defense on 6 of 7 Counts in FDCPA 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 …
Read More »Judge Grants MTD in FDCPA Case Over Different Internal Account Numbers in Collection Letters
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 …
Read More »Collection Law Firm Facing Pair of FDCPA Class Actions
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 …
Read More »Seventh Circuit Reverses Ruling in Letter Case Over Lack of Standing
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 …
Read More »NDIL Judge Denies MTD in FDCPA SOL Case
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 …
Read More »Judge Grants MTD in FDCPA Case Over Use of Form Complaint
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 …
Read More »Judge Denies MTD Over ‘Will Not Sue’ Statement About Time-Barred Debt
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 …
Read More »N.J. Judge Grants MTD in FDCPA Case Over Dispute Notice in Letter
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 …
Read More »Creditor Disclosure Does Not Violate FDCPA, Judge Rules
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 …
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