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 through WebRecon …
Read More »Class-Action Accuses Collector of Not Honoring Opt-Out Requests, Not Sending Validation Notice
A class-action complaint has been filed in federal court in Florida accusing a collection agency of ignoring opt-out requests sent by an individual who received text messages from the agency attempting to collect on a debt, and because when the individual attempted to call one of the phone numbers used …
Read More »Judge Partially Grants MSJ for Defendant in Itemized Debt Case
A District Court judge in Pennsylvania has partially granted and partially denied a defendant’s motion for summary judgment in a Fair Debt Collection Practices Act and Telephone Consumer Protection Act case that may offer a glimpse into how judges are going to address itemized debts once Regulation F goes into …
Read More »Judge Grants MSJ For Defendant in FDCPA Case Over Communication Issues
You ever have a situation where you and someone else just don’t see eye to eye on anything? A debt collector is having that problem with a husband and wife, where both sides agree that a debt is owed, but disagree on just about everything that happened after that debt …
Read More »Judge Grants MSJ in FDCPA Case Over Mis-Identified Consumer
An interesting Fair Debt Collection Practices Act case out of Minnesota involving a creditor who mis-spelled a customer’s first and last name when placing the account with a law firm for collection, a customer who changed her name before filing for bankruptcy protection, and a law firm that may or …
Read More »Seventh Circuit Reverses Ruling for Plaintiff in FDCPA Suit, Continues Attack on Standing
Continuing its year-long attack on standing to file Fair Debt Collection Practices Act lawsuits, the Seventh Circuit Court of Appeals yesterday reversed a lower court’s ruling and ordered it to dismiss a case where the defendant did not send a written notice within five days of the initial contact and …
Read More »Judge Grants Motions to Compel, Dismiss in FDCPA, TCPA Class Action
A District Court judge in California has granted a defendant’s motion to dismiss with prejudice and motion compel arbitration in a class-action case alleging violations of the Fair Debt Collection Practices Act and Telephone Consumer Protection Act over an unpaid credit card debt. A copy of the lengthy 45-page ruling …
Read More »Judge Holds Debt Buyer Liable for Actions of Collector in Partially Granting Plaintiff’s MSJ in FDCPA Case
On remand from the Ninth Circuit Court of Appeals, a District Court judge in Oregon has partially granted a plaintiff’s motion for summary judgment, ruling that a debt buyer who places accounts with a debt collector can be held vicariously liable for the actions of the debt collector, because the …
Read More »Judge Partially Grants MTD in FDCPA Case Over Dispute Language in Letter
A District Court judge in Illinois has denied a defendant’s motion to dismiss after it was sued for allegedly violating the Fair Debt Collection Practices Act by only mentioning that a dispute had to be filed in writing but granted the motion on the claim that a reference to obtaining …
Read More »Judge Grants MTD in FDCPA Case Over List of Complaints About Letter
In a case that was defended by Rick Perr and the team at Kaufman Dolowich & Voluck, a District Court judge in New York has granted a defendant’s motion to dismiss after it was sued in a class action for violating the Fair Debt Collection Practices Act in a number …
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