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 …
Read More »AGs Seek to Stop Settlement in FDCPA Processing Fees Case
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 …
Read More »Motion to Compel Arbitration in FDCPA Class Action Denied Over Lack of Proof That Plaintiff Signed Agreement
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 …
Read More »N.J. Judge Partially Denies MTD in FDCPA Class-Action Over Letter to Decedent’s Estate
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 …
Read More »Compliance Digest – January 18
I’m thrilled to announce that Bedard Law Group is the new sponsor for the Compliance Digest. Bedard Law Group, P.C. – Compliance Support – Defense Litigation – Nationwide Complaint Management – Turnkey Speech Analytics. And Our New BLG360 Program – Your Low Monthly Retainer Compliance Solution. Visit www.bedardlawgroup.com, email John H. Bedard, Jr., or call (678) 253-1871. Every week, …
Read More »Collection Law Firm Facing Pair of FDCPA Class Actions
A collection law firm in New Jersey is facing a pair of class-action lawsuits that have been filed against it in Pennsylvania, accusing the firm of not sending mandatory notices required by law when suing individuals and for enrolling individuals in automatic payment plans without first obtaining their consent. A …
Read More »Compliance Digest – January 11
I’m thrilled to announce that Bedard Law Group is the new sponsor for the Compliance Digest. Bedard Law Group, P.C. – Compliance Support – Defense Litigation – Nationwide Complaint Management – Turnkey Speech Analytics. And Our New BLG360 Program – Your Low Monthly Retainer Compliance Solution. Visit www.bedardlawgroup.com, email John H. Bedard, Jr., or call (678) 253-1871. Every week, …
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 …
Read More »Compliance Digest – January 4
I’m thrilled to announce that Bedard Law Group is the new sponsor for the Compliance Digest. Bedard Law Group, P.C. – Compliance Support – Defense Litigation – Nationwide Complaint Management – Turnkey Speech Analytics. And Our New BLG360 Program – Your Low Monthly Retainer Compliance Solution. Visit www.bedardlawgroup.com, email John H. Bedard, Jr., or call (678) 253-1871. Every week, …
Read More »Judge Grants Certification in FDCPA Class Action Over Reference to ‘Civil Action’ in Letter
A District Court judge in Wisconsin has certified a class in a case against a collection agency accused of violating the Fair Debt Collection Practices Act by saying it “may” commence a civil action if the debt was not paid even though it had no intention of doing so. A …
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