In a case that was defended by the team at Malone Frost Martin, the Court of Appeals for the Eighth Circuit has affirmed a lower court’s ruling in favor of a defendant that was sued for violating the Fair Debt Collection Practices Act because it did not include a copy …
Read More »Judge Rules Attorneys Fees Discoverable in FDCPA Class Action
In a case that is being defended by the team at Malone Frost Martin, a District Court judge in Texas has granted a defendant’s motion to compel documents related to the plaintiff’s attorneys’ fees, costs, fee arrangements, and billing records in a Fair Debt Collection Practices Act class-action lawsuit, ruling …
Read More »Judge Denies MTD in FDCPA Case Over Dispute Clarification in Letter
A District Court judge in Colorado has denied a defendant’s motion to dismiss after it was sued for allegedly violating the Fair Debt Collection Practices Act because it included a statement in a collection letter that informed the recipient that calling to obtain more information or making a payment on …
Read More »Judge Dismisses FDCPA Meaningful Review Case for Lack of Standing
A District Court judge in Florida went to great lengths to spell out exactly why a plaintiff lacked standing to sue in a Fair Debt Collection Practices Act case in which she alleged a collection law firm did not engage in meaningful attorney involvement before sending a validation notice on …
Read More »Judge Denies MTD in FDCPA Class Action Over Continuance Requests in Underlying Collection Suits
A District Court judge in Pennsylvania has denied a defendant’s motion to dismiss a class-action lawsuit claiming it allegedly violated the Fair Debt Collection Practices Act by engaging in a “policy and practice of seeking a continuance in a state-court debt-collection action by falsely representing, on the day of the …
Read More »Appeals Court Affirms MSJ For Defendant in FDCPA Case Over Invitation to Call Made in Letter
The Third Circuit Court of Appeals has affirmed a summary judgment ruling in favor of a defendant that was sued for allegedly violating the Fair Debt Collection Practices Act because it invited the recipient of a collection letter to “eliminate further collection action” by calling the collector, which the plaintiff …
Read More »NDOH Judge Grants MSJ for Defendant in FDCPA Case of Inclusion of ‘Interest’ in Letters
In a case that was defended by the Law Office of Boyd Gentry, a District Court judge in Ohio has granted a defendant’s motion for summary judgment in a Fair Debt Collection Practices Act case, ruling that the plaintiff lacked standing to claim an injury after receiving collection letters that …
Read More »Judge Grants MSJ For Defendant in FDCPA Case About Pre-Confirmation ID
It’s the collection industry’s version of the chicken-and-the-egg. A consumer refuses to confirm his or her identity because the collector will not go into detail about a collection call, but the collector can not go into detail until the consumer’s identity is verified. Collectors have to stick to their guns …
Read More »Defective Summons in Collection Lawsuit Equates to FDCPA Violation, Judge Rules
A District Court judge in Minnesota has granted a motion for partial summary judgment filed by a trio of plaintiffs in related cases and denied the defendants’ motion for summary judgment after it was sued for violating the Fair Debt Collection Practices Act because it allegedly violated civil procedure laws …
Read More »Judge Grants MTD Over Time-Barred Disclosure, Use of ‘We’ in Collection Letter
A District Court judge in Texas has granted a defendant’s motion to dismiss after it was sued for allegedly violating the Fair Debt Collection Practices Act because it failed to mention that a partial payment may revive the statute of limitations on a time-barred debt because state law in Texas …
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