A District Court judge in Pennsylvania has granted a defendant’s motion to dismiss after it was sued for violating the Fair Debt Collection Practices Act because settlement offers mentioned in an initial collection notice allegedly violated the 30-day dispute window. A copy of the ruling in the case of Bernard …
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 »Class Action Accuses Collector of Leaving out Some Reg F Disclosures in Initial Notification
A class-action lawsuit has been filed in federal court in Nevada, accusing a pair of companies of violating the Fair Debt Collection Practices Act by allegedly sending an initial notification to the plaintiff without including all of the required validation information required under Regulation F. The notification was sent in …
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 MTD in FDCPA Case Over $0.01 Discrepancy
A penny saved is a penny earned, the saying goes. But when it comes to the Fair Debt Collection Practices Act, especially on a debt in excess of $3,000, not suing a debt collector over a penny is the best way to save your money, according to a District Court …
Read More »Plaintiff Accuses Collector of Requiring Reason for Dispute in FDCPA Class Action
A class-action complaint has been filed in federal court in Florida accusing a collector of violating the Fair Debt Collection Practices Act by requiring that the plaintiff include a reason why a debt was being disputed when disputing a debt during a phone call with a representative of the defendant. …
Read More »Judge Sets Aside Default Against Defendant Because of COVID-19 Restrictions
A District Court judge in Ohio has granted a defendant’s motion to set aside a default and default judgment that was entered against it in a Fair Debt Collection Practices Act lawsuit after it was unable to respond to the complaint in a timely manner as a result of lockdown …
Read More »FDCPA Class-Action Complaint Accuses Collector of Overshadowing
Does threatening to permanently disconnect an individual’s suspended cell phone service constitute overshadowing? That particular individual is alleging that it does, accusing a collector of violating the Fair Debt Collection Practices Act in a class-action lawsuit. A copy of the complaint in the case of Henry v. Convergent Outsourcing can …
Read More »FDCPA Class Action Alleges ‘Contradictory’ Statements in Letter Misled Consumer
A class-action complaint has been filed against a collector for allegedly violating the Fair Debt Collection Practices Act because it mentioned at the top of a collection letter that the letter’s recipient could call the collector for further assistance, while disclosing at the bottom of the letter that if the …
Read More »Collector Accused of Violating Reg F in FDCPA Lawsuit
It only took 10 days after going into effect, but it appears as though one of the first lawsuits referencing Regulation F has been filed against a company in the accounts receivable management industry. The complaint, which was filed on December 10, accuses the company of not adhering “to the …
Read More »