A District Court judge in California has granted a defendant’s motion to dismiss a class-action lawsuit after it was sued for violating the Fair Debt Collection Practices Act when it was sued because the collection agency it placed a debt with sent a collection letter that indicated the plaintiff would …
Read More »Collection Law Firm Facing Pair of FDCPA Class Actions
A collection law firm in New Jersey is facing a pair of class-action lawsuits that have been filed against it in Pennsylvania, accusing the firm of not sending mandatory notices required by law when suing individuals and for enrolling individuals in automatic payment plans without first obtaining their consent. A …
Read More »Compliance Digest – January 4
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Read More »Seventh Circuit Reverses Ruling in Letter Case Over Lack of Standing
The Court of Appeals for the Seventh Circuit continued its attack on standing in Fair Debt Collection Practices Act cases yesterday, vacating the denial of a defendant’s motion to compel arbitration because the court lacked jurisdiction after it ruled that the plaintiff failed to allege she suffered an injury after …
Read More »Judge Denies MTD Over Inclusion of ‘Fees’ and ‘Charges’ in Letter When They Didn’t Affect Balance
A District Court judge in Indiana has denied a defendant’s motion to dismiss after it was sued for allegedly violating the Fair Debt Collection Practices Act by including line items for “interest” and other “charges” even though the amounts were zero and no such fees could be added to the …
Read More »NDIL Judge Denies MTD in FDCPA SOL Case
A District Court judge in Illinois has denied a defendant’s motion to dismiss after it was sued for allegedly violating the Fair Debt Collection Practices Act because it said it would not sue the plaintiff to collect a debt for which the statute of limitations had expired instead of saying …
Read More »Judge Grants MTD in FDCPA Case Over Use of Form Complaint
Using a standard template form in a lawsuit against an individual does not constitute a violation of the Fair Debt Collection Practices Act, a District Court judge in Nebraska has ruled, granting the defendant’s motion to dismiss. A copy of the ruling in Schmitt v. Messerli & Kramer, P.A., can …
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 »Judge Denies Motion to Dismiss, Rules Content of Letter Qualifies as Concrete Injury
A federal judge in Oklahoma has denied a motion to dismiss a case after a debt collector was accused of violating the Fair Debt Collection Practices Act by informing the plaintiff in a letter that the amount she owed would “significantly increase” if a garnishment was filed, after the defendant …
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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