Tag Archives: Class-Action

Many in the industry have lauded a series of rulings released in the past year that have raised the bar for plaintiffs to establish they have suffered an actual, concrete injury in order to have standing to sue. This has created a new dynamic, where plaintiffs are opting to file …

In a case that was defended by Rick Perr of Kaufman Dolowich & Voluck, a District Court judge in New Jersey has granted a defendant’s motion for summary judgment in a Fair Debt Collection Practices Act class-action lawsuit over the 1099C language in a collection letter, ruling that the disclosure …

A class-action lawsuit has been filed in New Jersey by a plaintiff who claims that a debt buyer allegedly violated the Fair Debt Collection Practices Act because it did not have the proper license to authorize a collection law firm to try and collect on a judgment in that state …

Companies in the accounts receivable management industry can add “irritation,” “concern,” “feeling targeted,” and “hustled,” to the list of harms that do not create standing to sue in federal court when accusing a debt collector of violating the Fair Debt Collection Practices Act after a District Court judge in Ohio …

A District Court judge in Connecticut has approved a settlement in a Fair Debt Collection Practices Act class-action lawsuit after the defendant was accused of sending collection letters that improperly assessed post-judgment interest. The defendant has agreed to pay $10,000 to the members of the class, $3,000 to the named …

Well that didn’t take long. Less than a day after the Eleventh Circuit Court of Appeals issued its ruling in Hunstein v. Preferred Collection and Management Services, a class-action lawsuit has been filed in New York federal court accusing a debt collector of violating Section 1692c(b) and 1692f of the …

A District Court judge in Pennsylvania has denied a defendant’s motion to dismiss a class-action lawsuit claiming it allegedly violated the Fair Debt Collection Practices Act by engaging in a “policy and practice of seeking a continuance in a state-court debt-collection action by falsely representing, on the day of the …

A group of 33 state attorneys general are attempting to intervene and stop a settlement in a class-action Fair Debt Collection Practices Act case in which a mortgage servicer was accused of charging processing fees when taking payments over the phone or via its website. A copy of the brief …

A District Court judge in Illinois has denied a defendant’s motion to compel arbitration in a Fair Debt Collection Practices Act class action because it did not prove that the plaintiff actually agreed to the terms and conditions when he signed up for a cell phone contract. A copy of …

A District Court judge in New Jersey has partially granted a defendant’s motion to dismiss a Fair Debt Collection Practices Act class-action case, while allowing claims that a collection letter violated the statute to continue because the letter was addressed to the estate of a deceased individual instead of to …