Tag Archives: 1692e(10)

A plaintiff in Texas has filed a lawsuit against a debt collector, claiming it violated the Fair Debt Collection Practices Act and Regulation F by allegedly reporting a debt to the credit reporting agencies that had already been paid in full. A copy of the complaint in the case of …

When is a communication from a debt collector not an attempt to collect a debt? If it says so in a letter to an attorney representing a consumer, is that enough? A District Court judge in Pennsylvania thinks so, and has granted a defendant’s motion for summary judgment in three …

Does threatening to permanently disconnect an individual’s suspended cell phone service constitute overshadowing? That particular individual is alleging that it does, accusing a collector of violating the Fair Debt Collection Practices Act in a class-action lawsuit. A copy of the complaint in the case of Henry v. Convergent Outsourcing can …

A class-action complaint has been filed against a debt collector for violating the Fair Debt Collection Practices Act because it allegedly offered to delete a debt from an individual’s credit report if the individual accepted a settlement offer, but instead reported the debt as “paid” with a $0 balance instead. …

A class-action lawsuit has been filed in Florida against a company for allegedly violating the Fair Debt Collection Practices Act by offering a settlement to an individual in a collection letter without being specific enough even though the letter disclosed “if your account is settled for less than the full …

A District Court judge in Oregon has granted a defendant’s motion for summary judgment after it was sued for violating the Fair Debt Collection Practices Act because the plaintiff claimed never to have received a demand letter to recover an unpaid credit card debt and because the defendant is allowed …

Does allegedly agreeing to a payment plan only to back out of it constitute an unfair or deceptive practice under the Fair Debt Collection Practices Act? Not according to a District Court judge in Pennsylvania, who granted a defendant’s motion to dismiss last week, largely because the plaintiff never identified …

Questions about which statute of limitations can apply to different types of debt can plague a collection operation. Take retail-branded credit cards, for example. In the case below, there is a genuine issue whether the statute of limitations on retail-branded credit cards is four years, or six years. A District …

Is it possible for an individual to sue a debt collector for violating the Fair Credit Reporting Act and Fair Debt Collection Practices Act for allegedly attempting to collect a debt that the individual believes he did not owe, when the individual took no action against the original creditor for …

A District Court judge in New Jersey has granted a defendant’s motion to dismiss a class action Fair Debt Collection Practices Act case over language related to furnishing information about an unpaid debt to a credit reporting agency in a collection letter. A copy of the ruling in the case …