Tag Archives: 1692f

It is short on details, but another Regulation F lawsuit has been filed, this time in California, and, for the first time, it’s accusing a collector of violating the rule’s prohibitions on call frequency. A copy of the complaint in the case of Santander v. General Revenue Corp. can be …

What is in a name, Shakespeare asked when he wrote “Romeo & Juliet.” His intention was to illustrate that how things are named really doesn’t matter. “That which we call a rose by any other name would smell just as sweet,” Juliet says in the play. While that maybe true, …

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. …

Have you ever heard the phrase, “Never look a gift horse in the mouth?” If you had owed someone more than $3,500 and were sent two letters offering you the opportunity to settle that debt for 25% of what you owed, would you take the deal? Or would you turn …

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 …

While noting that several instances of a collection letter lacked clarity, a District Court judge in New Jersey nonetheless granted a defendant’s motion to dismiss a Fair Debt Collection Practices Act case, ruling that even a least sophisticated consumer would be able to ascertain the identity of the original creditor …

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 by contacting the plaintiff after she had disputed the debt in question with the original creditor and for making a “hard inquiry” on her …

You ever have a situation where you and someone else just don’t see eye to eye on anything? A debt collector is having that problem with a husband and wife, where both sides agree that a debt is owed, but disagree on just about everything that happened after that debt …

Sometimes, you’re not paying attention when you’ve dialed your phone and are waiting for someone to pick up. Maybe you’re grooving out to a good song and you don’t notice that the call went to voicemail and that you’ve been humming and singing for a few seconds. While it likely …

Courts within the Seventh Circuit continue to attack the issue of standing in Fair Debt Collection Practices Act cases, this time dismissing a case because a plaintiff was confused about the amount that was owed after receiving a collection letter, because the plaintiff never made any attempt to pay the …