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 »Complaint Accuses Agency of Attempting to Collect Settled Debt
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 Filed Against Collector For Allegedly Ignoring Validation Request
A class-action complaint has been filed in federal court in Massachusetts, accusing a company of violating the Fair Debt Collection Practices Act by not responding to a dispute request that was submitted by an individual after receiving a collection letter from the defendant. A copy of the complaint in the …
Read More »Judge Grants Motion for Defendant in FDCPA Case Over Unanswered Dispute
If you’re the second collection agency attempting to collect on a debt, are you responsible for the sins of the first? If the sin is not responding to a dispute notice and validation request, a District Court judge in Connecticut has ruled you’re not, granting a defendant’s motion for judgment …
Read More »Judge Grants MTD in FDCPA Overshadowing Case
A District Court judge in Kentucky has granted a defendant’s motion to dismiss and denied a plaintiff’s request for leave to file an amended complaint after filing a Fair Debt Collection Practices Act lawsuit against a collection law firm for allegedly overshadowing the validation notice by mentioning in a collection …
Read More »Judge Grants MSJ for Defendant in FDCPA Case Over Calls to Plaintiff’s Wife
A District Court judge in Illinois has granted a defendant’s motion for summary judgment and denied a similar motion from a plaintiff in a Fair Debt Collection Practices Act case, ruling that 12 calls placed during a three-week period does not rise to the level of harassing or abusive behavior. …
Read More »Judge Grants MTD in FDCPA Case Over Dispute Sent to Creditor, Not Collector
A District Court judge in Michigan has granted a defendant’s motion to dismiss after it was sued for allegedly violating the Fair Debt Collection Practices Act by contacting the plaintiff after she had disputed the debt in question with the original creditor and for making a “hard inquiry” on her …
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 »Judge Grants MTD in FDCPA Case Over Alleged Conflicting, Overshadowing Language in Letter
In a case that was defended by the team at Malone Frost Martin, a District Court judge in Illinois has granted a defendant’s motion to dismiss after it was sued for violating the Fair Debt Collection Practices Act by allegedly making conflicting and overshadowing claims in a collection letter. A …
Read More »Judge Dismisses FDCPA Suit For Lack of Subject Matter Jurisdiction
A District Court judge in Indiana has dismissed a Fair Debt Collection Practices Act case for lack of subject-matter jurisdiction, ruling the plaintiff lacked standing on any of the claims he made because he did not allege sufficient concrete injuries to move forward with his lawsuit. A copy of the …
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