A District Court judge in New York has granted a defendant’s motion to dismiss, ruling that it did not violate the Fair Debt Collection Practices Act by including additional information in a collection letter that the plaintiff said made him confused about to whom to pay and because the letter …
Read More »N.J. Judge Grants MTD in FDCPA Case Even Though Letter Lacked ‘Clarity’
While noting that several instances of a collection letter lacked clarity, a District Court judge in New Jersey nonetheless granted a defendant’s motion to dismiss a Fair Debt Collection Practices Act case, ruling that even a least sophisticated consumer would be able to ascertain the identity of the original creditor …
Read More »Judge Grants MSJ for Defendant in FDCPA Case Over Creditor ID in Letter
A District Court judge in Florida has granted a defendant’s motion for summary judgment in a Fair Debt Collection Practices Act case, while also pointing out that the legal theory put forth by the plaintiff’s attorney has been “tartly” rejected by other courts and “does not improve by repetition.” A …
Read More »Judge Grants MTD in FDCPA Case Over Alleged Third-Party Disclosure
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 …
Read More »Judge Grants MSJ for Defendant in FDCPA Case Over Collection Letter
A District Court judge in New York has granted a defendant’s motion for summary judgment after it was sued for a laundry list of alleged violations of the Fair Debt Collection Practices Act in a letter that was sent to the plaintiff while also declining a motion from the plaintiff …
Read More »Judge Reverses Course, Undoes Certification, MSJ for Plaintiff in FDCPA Case Over Creditor ID in Letter
In a case that was defended by Jin Shin and the team at Malone Frost Martin, a District Court judge in Illinois has reversed himself and granted a defendant’s motion for reconsideration, undoing class certification and summary judgment in favor of the plaintiff, and awarding summary judgment to the defendant …
Read More »Judge Partially Grants MTD in FDCPA Class-Action, Calls Out Collectors For Not Being Clear Enough in Letters
A District Court judge in New Jersey has granted a defendant’s motion to dismiss on two claims that it violated the Fair Debt Collection Practices Act, but denied the motion related to the other claims, while also sharing his displeasure at how collectors have induced “endless litigation” because of how …
Read More »Judge Grants MSJ For Defense on 6 of 7 Counts in FDCPA Case
A District Court judge in New York has granted a defendant’s motion for summary judgment on six of the seven counts in a lawsuit claiming a letter it sent to the plaintiff violated several sections of the Fair Debt Collection Practices Act, but denied summary judgment motions from both sides …
Read More »Judge Grants MSJ For Defendant, Vacates Class Certification In FDCPA Creditor ID Case
A District Court judge in Wisconsin has granted a defendant’s motion for summary judgment in a Fair Debt Collection Practices Act class-action case, determining that the plaintiff lacked standing to sue because he took no action to clarify his confusion over whom he should pay after receiving a collection letter …
Read More »Court Grants Class Certification, MSJ for Plaintiff in FDCPA Case
A District Court judge in Illinois has granted a plaintiff’s motion for class certification as well as a motion for summary judgment in a Fair Debt Collection Practices Act case that hinged on the defendant’s inclusion of an internal notation when it identified the creditor to whom the debt was …
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