EDITOR’S NOTE: This article is part of a series that is sponsored by WebRecon. WebRecon identifies serial plaintiffs lurking in your database BEFORE you contact them and expose yourself to a likely lawsuit. Protect your company from as many as one in three new consumer lawsuits by scrubbing your consumers through WebRecon …
Read More »Judge Grants MSJ for Defendant in FDCPA Case Over Pandemic Voicemail
A District Court judge has granted a defendant’s motion for summary judgment in a Fair Debt Collection Practices Act case, ruling that a voicemail it sent out to all its customers a few months after the start of the COVID-19 pandemic was not a communication in connection with the collection …
Read More »Class Action Accuses Collector of Violating FDCPA via Text Message
A class-action complaint has been filed in federal court in North Carolina accusing a collector of violating the Fair Debt Collection Practices Act by sending a text message to a consumer that created “a false sense of urgency” because of how it was worded, and for not identifying itself as …
Read More »Collector Accused of Violating Reg F in FDCPA Lawsuit
It only took 10 days after going into effect, but it appears as though one of the first lawsuits referencing Regulation F has been filed against a company in the accounts receivable management industry. The complaint, which was filed on December 10, accuses the company of not adhering “to the …
Read More »Seventh Circuit Reverses Ruling for Plaintiff in FDCPA Suit, Continues Attack on Standing
Continuing its year-long attack on standing to file Fair Debt Collection Practices Act lawsuits, the Seventh Circuit Court of Appeals yesterday reversed a lower court’s ruling and ordered it to dismiss a case where the defendant did not send a written notice within five days of the initial contact and …
Read More »Appeals Court Upholds Win For Defendant in FDCPA Case
The Court of Appeals for the Sixth Circuit yesterday overturned a summary judgment ruling in favor of a collector in a Fair Debt Collection Practices Act case, but only to remand the case back to the District Court with instructions to dismiss it instead, because the plaintiff lacked standing to …
Read More »SDNY Judge Grants MTD in FDCPA Case Over Who Sent Collection Letter
In what may be a case of mistaken identity or a case of a first-party collector doing its job properly, a District Court judge in New York has granted a defendant’s motion to dismiss after it was sued for violating the Fair Debt Collection Practices Act because it allegedly sent …
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