Tag Archives: 1692f(8)

A District Court judge in Illinois has granted a defendant’s motion for summary judgment in a Fair Debt Collection Practices Act case, illustrating why it’s a good decision sometimes to take the extra steps of going through discovery instead of attempting to win on a motion to dismiss, while also …

A class-action lawsuit has been filed against a collection agency, accusing it of contacting an individual who was represented by an attorney — because the plaintiff had already filed suit against another agency for the same debt before the account was recalled and placed with another agency — and for …

There are no shortage of cases detailing the consequences of allowing an individual’s account number to be seen through the glassine portion of an envelope containing a collection letter, but a District Court judge in Illinois has settled the debate about what should happen when only a portion of an …

You’re damned if you do, and you’re damned if you don’t. Debt collectors are often accused of not providing enough documentation when filing lawsuits against consumers for unpaid debts, but can even be accused of violating the Fair Debt Collection Practices Act when they do provide all the documentation that …

A District Court judge in Illinois has dismissed one of the two counts in a Fair Debt Collection Practices Act class action against a debt buyer and collection agency, ruling that the plaintiff did not have standing to sue by claiming that the addition a phrase to the outside of …

Hey, Eleventh Circuit! You should look at how quickly the Third Circuit rules on en banc petitions and maybe ask for a few pointers. As the industry’s wait for a ruling on the en banc petition in the Hunstein case begins its third month, the Third Circuit Court of Appeals …

The defendant in a Fair Debt Collection Practices Act case where a lower court’s dismissal was reversed over the inclusion of a barcode on the envelope containing a collection letter has filed a petition with the Third Circuit Court of Appeals for an en banc rehearing, arguing that the Supreme …

The Court of Appeals for the Third Circuit has reversed the dismissal of a Fair Debt Collection Practices Act case, ruling that the disclosure of an individual’s Internal Reference Number — which included the first 10 characters of the individual’s street address — is sufficient for the individual to have …

Who else but the recipient of a collection letter and the mail carrier who delivered it would have access to that letter to see a mini-Miranda statement that had bled through an envelope, asked a District Court judge in Illinois when granting a defendant’s motion to dismiss after it was …

A District Court judge in Pennsylvania has granted a defendant’s motion to dismiss a class-action lawsuit, ruling a plaintiff lacked standing to sue after claiming that a collector violated the Fair Debt Collection Practices Act by including “Personal & Confidential” on the outside of an envelope containing a collection letter …