Tag Archives: 1692g(a)

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 …

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 …

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 …

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 …

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 …

When it comes to Fair Debt Collection Practices Act lawsuits, there are not many claims that haven’t already been made. Plaintiffs and their lawyers have been attacking the FDCPA for years and had pretty much identified all the different reasons why a debt collector could be sued. So when you …

We’ve all heard the joke, what happens when you assume? You make an ass of u and me. A collection law firm is learning that lesson the hard way after a District Court judge in North Carolina denied its motion to dismiss because it did not explicitly state who was …

A District Court judge in Illinois has granted a defendant’s motion for summary judgment after it was sued for violating the Fair Debt Collection Practices Act by sending a second collection letter that allegedly overshadowed the validation notice during the 30-day window to dispute a debt. A copy of the …

The Court of Appeals for the Seventh Circuit has issued its long-awaited ruling in Lavallee v. Med-1 Solutions, affirming a lower court’s ruling that sending validation notices via email does not meet the Fair Debt Collection Practices Act’s definition of “communication.” A copy of the ruling can be accessed by …