Tag Archives: 1692e(10)

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 …

After defaulting on a credit card debt, having a judgment issued against you, and then receiving four more collection letters seeking to collect on a debt, is there anyone who thinks that the next letter is going to induce an individual to repay the debt? But because the balance was …

Sometimes, collectors will use a broad brush and expansive statements to try and cover as much ground as possible when letting consumers know about the rules and regulations related to collecting on unpaid debts. Those statements do not specifically violate the Fair Debt Collection Practices Act ruled a District Court …

A District Court judge in New Jersey has granted a defendant’s motion to dismiss on all counts but one in a class-action Fair Debt Collection Practices Act case, ruling that the allegations that the amount of a debt was mis-stated in a letter can not be ruled on at this …

Is there a way for a debt collector to structure a collection letter to make it appear that it is mandatory for the consumer to dispute the debt? Or that disputing a debt and making a payment are mutually exclusive? In a case that was defended by Rick Perr of …

A District Court judge in Florida has granted a defendant’s motion for summary judgment in a Fair Debt Collection Practices Act case, while also pointing out that the legal theory put forth by the plaintiff’s attorney has been “tartly” rejected by other courts and “does not improve by repetition.” A …

A District Court judge in Michigan has granted a defendant’s motion to dismiss after it was sued for allegedly violating the Fair Debt Collection Practices Act, ruling that informing the recipient of a collection letter that the unpaid debt may be reported to a credit reporting agency which would negatively …

A District Court judge in New York has granted a defendant’s motion to dismiss, ruling that the language that was used in a series of letters that raised the possibility that the plaintiff would be sued if she did not make arrangements to repay her debt did not violate the …

A District Court judge in Washington has mostly denied a defendant’s motion to dismiss — she did grant it on one count of the claim — in a Fair Debt Collection Practices Act case in which the debt collector was accused of attempting to collect a debt that the plaintiff …

A class-action lawsuit has been filed in New Jersey by a plaintiff who claims that a debt buyer allegedly violated the Fair Debt Collection Practices Act because it did not have the proper license to authorize a collection law firm to try and collect on a judgment in that state …