A District Court judge in Delaware has denied a motion to certify a class in a lawsuit that alleged a collector violated the Fair Debt Collection Practices Act by falsely representing the legal status of a debt when it sent settlement offers on time-barred debts without disclosing that the statute …
Read More »Judge Grants MSJ For Defense on 6 of 7 Counts in FDCPA Case
A District Court judge in New York has granted a defendant’s motion for summary judgment on six of the seven counts in a lawsuit claiming a letter it sent to the plaintiff violated several sections of the Fair Debt Collection Practices Act, but denied summary judgment motions from both sides …
Read More »[UPDATED] Appeals Court Upholds MSJ For Plaintiff in FDCPA Case
EDITOR’S NOTE: This article was updated to include comments from Jack Brown, the President of Gulf Coast Collection Bureau The Court of Appeals for the Eleventh Circuit has upheld a summary judgment ruling in favor of a plaintiff who sued a collector for violating the Fair Debt Collection Practices Act …
Read More »N.J. Judge Partially Denies MTD in FDCPA Class-Action Over Letter to Decedent’s Estate
A District Court judge in New Jersey has partially granted a defendant’s motion to dismiss a Fair Debt Collection Practices Act class-action case, while allowing claims that a collection letter violated the statute to continue because the letter was addressed to the estate of a deceased individual instead of to …
Read More »Appeals Court Upholds MSJ For Defendant in FDCPA Vicarious Liability Case
The Eleventh Circuit Court of Appeals has upheld the summary judgment ruling in favor of a defendant that was sued for violating the Fair Debt Collection Practices Act and the Florida Consumer Collection Practices Act because of alleged misrepresentations made by another entity that was collecting on the defendant’s behalf. …
Read More »Collector Did Not Violate FDCPA By Charging Additional Fees Allowed Under Agreement With Creditor, Appeals Court Rules
The Court of Appeals for the Sixth Circuit has upheld a lower court’s summary judgment ruling in favor of a defendant that was sued for allegedly violating the Fair Debt Collection Practices Act because it charged additional collection fees on top of a delinquent debt, even though those costs were …
Read More »Judge Grants MSJ For Defense in FDCPA Suit Over Processing Fee, Who Owed Debt
A District Court judge in Missouri has granted summary judgment in favor of a defendant that was sued for allegedly violating the Fair Debt Collection Practices Act because it charged a processing fee for payments made via a debit or credit card and because the account was originally opened in …
Read More »Creditor Disclosure Does Not Violate FDCPA, Judge Rules
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 …
Read More »Class Action Suit Filed Against Agency For Indicating Settlement May Impact Future Credit Availability From Lender
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 …
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