Tag Archives: 1692e

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 …

A federal judge in Oklahoma has denied a motion to dismiss a case after a debt collector was accused of violating the Fair Debt Collection Practices Act by informing the plaintiff in a letter that the amount she owed would “significantly increase” if a garnishment was filed, after the defendant …

A lack of written policies and procedures may have led to a plaintiff being partially granted summary judgment in a case in which a collection agency is alleged to have violated the Fair Debt Collection Practices Act because it used the phrase “your creditors” in a letter sent to the …

A federal judge in Illinois has granted summary judgment in favor of a defendant that was sued for allegedly violating the Fair Debt Collection Practices Act because it included a column for Fees and Collection Costs in a letter even though neither was being added to the account. A copy …

A class-action lawsuit has been filed against a collection agency, accusing it of violating the Fair Debt Collection Practices Act for indicating in a letter that the individual may be offered less favorable credit terms in the future from the original creditor if the debt was settled for less than …

A federal judge in Michigan has granted summary judgment in favor of a collection agency that was sued for allegedly violating the Fair Debt Collection Practices Act by misrepresenting the amount owed and did not include any mention that the amount owed included interest in a collection letter sent to …