In a case that is being defended by the team at Malone Frost Martin, a District Court judge in Texas has granted a defendant’s motion to compel documents related to the plaintiff’s attorneys’ fees, costs, fee arrangements, and billing records in a Fair Debt Collection Practices Act class-action lawsuit, ruling …
Read More »Judge Dismisses FDCPA Meaningful Review Case for Lack of Standing
A District Court judge in Florida went to great lengths to spell out exactly why a plaintiff lacked standing to sue in a Fair Debt Collection Practices Act case in which she alleged a collection law firm did not engage in meaningful attorney involvement before sending a validation notice on …
Read More »Judge Partially Grants MTD in FDCPA Class-Action, Calls Out Collectors For Not Being Clear Enough in Letters
A District Court judge in New Jersey has granted a defendant’s motion to dismiss on two claims that it violated the Fair Debt Collection Practices Act, but denied the motion related to the other claims, while also sharing his displeasure at how collectors have induced “endless litigation” because of how …
Read More »Judge Denies MTD on FDCPA Claims Over Garnishment Info Sent to Wrong Person
A District Court judge in Washington has partially granted a defendant’s motion to dismiss, but denied the motion related to claims the defendant allegedly violated the Fair Debt Collection Practices Act when it mistakenly sent two letters to the plaintiff informing him that a writ of garnishment had been entered …
Read More »Judge Partially Dismisses FDCPA Suit on Remand From Appeals Court
A District Court judge in Maryland has partially granted a defendant’s motion to dismiss in a case that was remanded back to the court after a ruling from the Fourth Circuit Court of Appeals last year determined that the court had erred in deciding when the one-year statute of limitations …
Read More »Judge Grants MSJ For Defendant in FDCPA Case Over Call Volume, Revocation
In a case that was defended by the team at Malone Frost Martin, a District Court judge in California has granted a defendant’s motion for summary judgment after it was sued for allegedly violating the Fair Debt Collection Practices Act and the Rosenthal Fair Debt Collection Practices Act after it …
Read More »Judge Denies MTD in FDCPA Case Over Inadvertent SOL Disclosure in Letter
A District Court judge in New York has denied a defendant’s motion to dismiss a class-action lawsuit alleging it violated the Fair Debt Collection Practices Act by including statements in two collection letters indicating that the statute of limitations during which the individual could be sued for the unpaid debt …
Read More »Appeals Court Upholds Dismissal of FDCPA Case After Hospital Sought to Collect From Wife of Deceased Husband
In a case that was defended by Lawrence Bartel and Andrew Schwartz from Gordon Rees Scully Mansukhani, the Third Circuit Court of Appeals has affirmed the dismissal of a Fair Debt Collection Practices Act case in which the wife of a deceased individual sued after she was sent collection letters …
Read More »NDOH Judge Grants MSJ for Defendant in FDCPA Case of Inclusion of ‘Interest’ in Letters
In a case that was defended by the Law Office of Boyd Gentry, a District Court judge in Ohio has granted a defendant’s motion for summary judgment in a Fair Debt Collection Practices Act case, ruling that the plaintiff lacked standing to claim an injury after receiving collection letters that …
Read More »Appeals Court Overturns Dismissal of FDCPA Suit, But Also Says Defendant Can Invoke BFE Defense
The Ninth Circuit Court of Appeals has overturned the dismissal of a Fair Debt Collection Practices Act lawsuit, ruling that the strict liability of the statute applies when a collector threatens to file a lawsuit outside the statute of limitations window, but emphasizing that such a threat may be covered …
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