The Court of Appeals for the Sixth Circuit has, for the second time, ruled in favor of a defendant sued for allegedly violating the Fair Debt Collection Practices Act, this time determining that the defendant did not meet the statute’s definition of “debt collector” because the debts were not in …
Read More »Appeals Court Overturns Dismissal of FDCPA Class-Action, Leaves Same Case Before Two Different Judges
It definitely seems like more of an “inside baseball” type of ruling, but the Court of Appeals for the Sixth Circuit has overturned the dismissal of a Fair Debt Collection Practices Act case — in which three separate appeals were filed — leaving the same case pending before two different …
Read More »Appeals Court Overturns Dismissal of FDCPA Suit
There is a lot of background details to unpack here and I will try to get them all, but this may be one of those cases where you need to read the full ruling to get all the information you’re going to need to fully understand what is going on. …
Read More »Appeals Court Upholds Ruling for Defendant in FCRA Case Over BK Notation on Credit Report
The Court of Appeals for the Sixth Circuit has upheld a lower court’s summary judgment ruling in favor of a credit reporting agency that was accused of violating the Fair Credit Reporting Act because it erroneously reported a father’s bankruptcy on his son’s credit report because the original petitions both …
Read More »Appeals Court Reverses Ruling in Favor of Collection Law Firm
The Court of Appeals for the Sixth Circuit has overturned a lower court’s ruling in favor of a collection law firm that was sued for attempting to collect a debt from the spouse of the actual debtor, ruling that the law firm did not exhaust all of its efforts to …
Read More »Appeals Court Affirms Ruling for Legal Collector Sued for Age Discrimination
The Court of Appeals for the Sixth Circuit has affirmed a lower court’s ruling in favor of a collection law firm that was sued for allegedly discriminating against a woman for not hiring her back for a collector’s position because of her age, when in fact she had been notified …
Read More »Appeals Court Upholds Ruling For Plaintiff in FDCPA Case Over Garnishment Jurisdiction
The Court of Appeals for the Sixth Circuit has affirmed a lower court’s ruling in favor of a plaintiff who accused a collection law firm of violating the Fair Debt Collection Practices Act by obtaining a writ of garnishment in the wrong jurisdiction. A copy of the ruling in the …
Read More »Appeals Court Reverses Ruling in FCRA Suit Over Mis-Reported Debt
The Court of Appeals for the Sixth Circuit has reversed a lower court’s summary judgment ruling in favor of a defendant, determining that the defendant willfully and knowingly violated the Fair Credit Reporting Act by continuing to report an unpaid debt as delinquent for a year after it had been …
Read More »Appeals Court Reverses Ruling in TCPA Constitutionality Case
The questions and situations that judges must decide on a daily basis can be fascinating. Case in point — when the Supreme Court ruled that an exemption which had existed for five years in the Telephone Consumer Protection Act that allowed the use of automated telephone dialing systems when contacting …
Read More »Appeals Court Upholds Win For Defendant in FDCPA Case
The Court of Appeals for the Sixth Circuit yesterday overturned a summary judgment ruling in favor of a collector in a Fair Debt Collection Practices Act case, but only to remand the case back to the District Court with instructions to dismiss it instead, because the plaintiff lacked standing to …
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