A District Court judge in Washington has partially granted a plaintiff’s motion for summary judgment, ruling that the defendant’s attempts to collect an unpaid apartment debt that was inflated because the creditor determined that the plaintiff had forfeited her security deposit violated certain provisions of the Fair Debt Collection Practices …
Read More »Judge Denies MTD in FDCPA Case Over Collection Fee
A District Court judge in New Jersey has denied a defendant’s motion to dismiss and a motion for sanctions against the plaintiff in a Fair Debt Collection Practices Act case that is accusing a law firm of improperly adding a collection fee in an itemization table included in a summons …
Read More »Complaint Alleges Collector Violated Reg F’s Debt Parking Prohibition
A lawsuit has been filed against a collection agency for violating the Fair Debt Collection Practices Act and the “debt parking” provisions of Regulation F — in what might be the first such lawsuit filed following the enactment of the debt collection rule last November. A copy of the complaint …
Read More »Judge Denies Competing Motions in FDCPA, TCPA Case
A District Court Judge in Nevada has denied competing motions for judgment on the pleadings filed by both the plaintiff and defendant in a Fair Debt Collection Practices Act and Telephone Consumer Protection Act case about calls that were made to the plaintiff by the defendant after the debt had …
Read More »Judge Denies MSJ in FDCPA Case Over Status of Verification Letter
Is a debt verification letter, sent in response to a dispute from an individual, an attempt to collect on a debt? A District Court judge in Georgia has ruled it is, denying a defendant’s motion for summary judgment in a Fair Debt Collection Practices Act case A copy of the …
Read More »Judge Grants Defendant’s MSJ in FDCPA Case Over Alleged SOL Violation
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 …
Read More »Judge Grants Defendant’s Motion for Judgment in FCRA, FDCPA Case
Is it possible for an individual to sue a debt collector for violating the Fair Credit Reporting Act and Fair Debt Collection Practices Act for allegedly attempting to collect a debt that the individual believes he did not owe, when the individual took no action against the original creditor for …
Read More »Appeals Court Affirms Ruling for Law Firm in FDCPA SOL Case
The Court of Appeals for the Eleventh Circuit has upheld a summary judgment ruling in favor of a law firm that was accused of violating the Fair Debt Collection Practices Act by suing an individual who was allegedly responsible for a medical debt incurred by his wife, before they divorced. …
Read More »Judge Grants MSJ for Defense in FDCPA Case Over Alleged Misreported Debt
A District Court judge in Virginia has granted a defendant’s motion for summary judgment after it was accused of violating the Fair Debt Collection Practices Act by allegedly inaccurately reporting the amount of a debt to the bureaus, ruling that the plaintiff’s omission of all but one page of his …
Read More »Judge Dismisses FDCPA Suit For Lack of Subject Matter Jurisdiction
A District Court judge in Indiana has dismissed a Fair Debt Collection Practices Act case for lack of subject-matter jurisdiction, ruling the plaintiff lacked standing on any of the claims he made because he did not allege sufficient concrete injuries to move forward with his lawsuit. A copy of the …
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