The Court of Appeals for the Second Circuit has affirmed the dismissal of a case alleging violations of the Fair Credit Reporting Act, Fair Debt Collection Practices Act, and Racketeer and Influenced and Corrupt Organizations (RICO) Act involving a number of collection operations attempting to collect on a debt the …
Read More »Appeals Court Affirms Ruling for Defendant in FCRA Case Over Possibly Discharged Debt
For those of you who don’t credit report, you might read this sentence until you see that it’s a Fair Credit Reporting Act case and move on to something else more important, but this ruling from the Court of Appeals for the Second Circuit also has bankruptcy implications as well, …
Read More »Appeals Court Vacates Dismissal of FDCPA Case to Give Plaintiff Chance to Replead
The Second Circuit Court of Appeals has vacated a lower court’s dismissal of a Fair Debt Collection Practices Act case and remanded it back to the District Court to give the plaintiff the opportunity to replead her claims because three days after the original case was dismissed, the Supreme Court …
Read More »Appeals Court Upholds Ruling For Medical Provider in FDCPA False-Name Case
The Court of Appeals for the Second Circuit has upheld a summary judgment ruling in favor of a medical provider that was sued for violating the Fair Debt Collection Practices Act because it allegedly attempted to collect a debt using a name other than its own, even though the letter …
Read More »Appeals Court Rules Against Federal Government in Debt Collection Case
CORRECTION: This article initially referenced this being a Fair Debt Collection Practices Act case. The statute relative to this ruling is actually the Federal Debt Collection Procedures Act. I apologize for any confusion. The Court of Appeals for the Second Circuit on Thursday overturned a District Court ruling and reversed …
Read More »Appeals Court Reverses Lower Court Ruling, Affirms Avila Disclosure Not Required When Making Settlement Offer
The Second Circuit Court of Appeals has overturned a lower court’s decision and remanded a case back to a District Court judge to enter judgment in favor of a defendant in a Fair Debt Collection Practices Act case, ruling that the defendant did not have to notify the plaintiff that …
Read More »Appeals Court Affirms Ruling in FCRA Judgment Case
The Court of Appeals for the Second Circuit has upheld a lower court’s ruling in favor of a defendant that was sued for allegedly violating the Fair Credit Reporting Act for how it identified a default judgment that had been subsequently settled on the plaintiff’s credit report. A copy of …
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