There is no doubt that consumers are often confused by the information that is sent to them by debt collectors. It is the very reason why courts have instituted the least sophisticated consumer standard, a lens through which judges can determine whether even the village idiot would understand what is …
Read More »Judge Grants MSJ For Agency in FCRA, FDCPA Case Over Disputed Debt
A District Court judge in Pennsylvania has granted a defendant’s motion for summary judgment on all claims in a Fair Credit Reporting Act and Fair Debt Collection Practices Act case after it was accused by the plaintiff of not properly investigating a disputed debt because the plaintiff did not do …
Read More »Judge Partially Grants MSJ for Defendant in FCRA, FDCPA Suit Over Disputed Rental Debt
A District Court judge in Alabama has denied a plaintiff’s motion for summary judgment and granted a defendant’s motion on most of the claims it violated the Fair Credit Reporting Act and the Fair Debt Collection Practices Act after it attempted to collect on an unpaid debt related to an …
Read More »Judge Partially Grants MSJ for Defendant Accused of Attempting to Collect From Wrong Person
A District Court judge in Washington has partially granted a defendant’s motion for summary judgment while denying a plaintiff’s motion for the same ruling in a Fair Debt Collection Practices Act case in which the defendant attempted to collect a debt from the plaintiff, who claims not to have incurred …
Read More »Defective Summons in Collection Lawsuit Equates to FDCPA Violation, Judge Rules
A District Court judge in Minnesota has granted a motion for partial summary judgment filed by a trio of plaintiffs in related cases and denied the defendants’ motion for summary judgment after it was sued for violating the Fair Debt Collection Practices Act because it allegedly violated civil procedure laws …
Read More »Class-Action Complaint Filed Against Broker, Debt Buyer Over Tribal Loans
A class-action lawsuit has been filed in Pennsylvania against a debt buyer, accusing it of violating the Fair Debt Collection Practices Act by attempting to collect on a payday loan it acquired that had an interest rate that was illegally high. The debt buyer, as well as the broker that …
Read More »EDCA Judge Grants MTD in FDCPA Service Fee Case
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 »Collector Did Not Violate FDCPA By Charging Additional Fees Allowed Under Agreement With Creditor, Appeals Court Rules
The Court of Appeals for the Sixth Circuit has upheld a lower court’s summary judgment ruling in favor of a defendant that was sued for allegedly violating the Fair Debt Collection Practices Act because it charged additional collection fees on top of a delinquent debt, even though those costs were …
Read More »Judge Grants MSJ For Defense in FDCPA Suit Over Processing Fee, Who Owed Debt
A District Court judge in Missouri has granted summary judgment in favor of a defendant that was sued for allegedly violating the Fair Debt Collection Practices Act because it charged a processing fee for payments made via a debit or credit card and because the account was originally opened in …
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