A District Court judge in Michigan has granted a defendant’s motion to dismiss a class action on one of the claims accusing a company of violating the Fair Debt Collection Practices Act, but denied the motion to dismiss the remaining claims, ruling that using different account numbers when attempting to …
Read More »Collector Accused of Violating Reg F, FDCPA by Failing to Include Opt-Out Message in Emails
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 …
Read More »Lawsuit Accuses Collector of Trying to Collect Inflated Amount, Not Including Required Itemization Info in Letter
A complaint has been filed accusing a collection agency of violating the Fair Debt Collection Practices Act and Regulation F because it apparently did not use a Model Validation Notice and allegedly did not provide the itemization information required when it sent its first written communication attempting to collect on …
Read More »Judge Grants MTD in FDCPA Case Over Identity Theft Letter
A District Court judge in New Jersey has granted a defendant’s motion to dismiss a class-action Fair Debt Collection Practices Act lawsuit over a letter that was sent to the plaintiff providing information about how to file an identity theft claim. A copy of the ruling in the case of …
Read More »Class-Action Complaint Accuses Collector of Listing Wrong Validation Date in Notice
A class-action complaint originally filed in state court in Florida has been removed to federal court at the request of the defendant, which is being sued for violating the Fair Debt Collection Practices Act for a number of alleged violations, including not providing a proper end of the validation period …
Read More »Judge Certifies Class in FDCPA Suit Over Threat of Judgment
A District Court judge in Pennsylvania has certified a class action in a Fair Debt Collection Practices Act lawsuit that accused a defendant of violating the statute by mentioning in a letter that a judgment may be awarded before the expiration of a settlement offer that was being made, even …
Read More »Class-Action Accuses Collector of Using Wrong Itemization Date
A class-action lawsuit has been filed against a company for violating the Fair Debt Collection Practices Act and Regulation F because the itemization date that was used in a Model Validation Notice that was sent to a plaintiff was allegedly not one of the five allowed dates approved by the …
Read More »Judge Grants Motion for Judgment in Favor of Defendant Over Interest Disclosure, Settlement Offer Expiration in Letter
In a case that was defended by the team at Malone Frost Martin, a District Court judge has granted a defendant’s motion for judgment on the pleadings in a Fair Debt Collection Practices class action after alleging that the amount owed listed in a collection letter was lower than it …
Read More »Judge Denies Plaintiff’s MSJ, Partially Grants Defendant’s Motion in FDCPA Case Over Disputed Debt
It’s a situation that happens all-too-often in collection agencies across the country. A consumer, in this case through her attorney, submits a letter disputing the debt. But the information included in the letter doesn’t match anything the agency can find in its system. Turns out, the agency had the debt …
Read More »Judge Grants Motion for Defendant in FDCPA Case Over Attorney Reference in Letter
Does mentioning in a collection letter that the account in question might be referred to an attorney violate the Fair Debt Collection Practices Act? A District Court judge in Pennsylvania has ruled that it does not, granting a defendant’s motion for judgment on the pleadings after it was sued by …
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