Debt collectors are conduits — vessels trying to help original creditors recover unpaid debts. Oftentimes, the creditors will make requests or want certain offers included in letters sent to individuals. What happens when a creditor wants to make an offer as a means of trying to get an individual to …
Read More »EDNY Judge Grants Motion for Defendant in FDCPA Case Over Dispute Language in Letter
In a case that was defended by Malone Frost Martin, a District Court judge in New York has granted a defendant’s motion for judgment on the pleadings after it was sued for allegedly violating the Fair Debt Collection Practices Act because it included a statement in a collection letter requesting …
Read More »SDNY Judge Dismisses FDCPA Case Over Dispute Language in Letter
A District Court judge in New York has granted a defendant’s motion to dismiss after it was sued for allegedly violating the Fair Debt Collection Practices Act because of the language it used in a collection letter to indicate the methods in which the plaintiff could dispute the validity of …
Read More »Appeals Court Rules Sending Info to Letter Vendor Counts as Communication Under FDCPA
The Eleventh Circuit Court of Appeals has overturned a lower court’s ruling that a debt collector did not violate the Fair Debt Collection Practices Act when it sent an individual’s personal information to a letter vendor to have a collection letter sent to that person. The Appeals Court ruled that …
Read More »Judge Approves $40k Settlement in FDCPA Class Action
A District Court judge in Nevada has granted approval of a plaintiff’s unopposed motion for preliminary approval of a settlement in a class action Fair Debt Collection Practices Act case after the defendant was accused of not properly identifying itself in voicemail messages that were deemed to be initial communications …
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 …
Read More »Judge Grants Summary Judgment For Defense in FDCPA Letter Case
A federal judge in Illinois has granted summary judgment in favor of a defendant that was sued for allegedly violating the Fair Debt Collection Practices Act because it included a column for Fees and Collection Costs in a letter even though neither was being added to the account. A copy …
Read More »Judge Grants Summary Motion For Defense in FDCPA Letter Case
A federal judge in Illinois has granted summary judgment in favor of a collection agency that was sued for violating the Fair Debt Collection Practices Act because the plaintiff alleged the creditor could have collected interest from the plaintiff through post charge-off fees once the agency closed out his account. …
Read More »Judge Rules Passive Debt Buyer Meets FDCPA’s ‘Primary Purpose’ Definition of Debt Collector
In a case that was first reported by Buckley Sandler, a federal judge in Pennsylvania has ruled that a debt buyer that purchased a portfolio which included accounts where the statute of limitations had expired does qualify as a “debt collector” under the Fair Debt Collection Practices Act and denied …
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