The Court of Appeals for the Third Circuit has upheld a lower court’s summary judgment ruling in favor of a defendant that was sued for violating the Fair Debt Collection Practices Act when it attempted to collect on a judgment that was later vacated. A copy of the ruling in …
Read More »Third Circuit Upholds Ruling for Defense in FCRA Reasonable Investigation Case
The Court of Appeals for the Third Circuit has upheld a summary judgment ruling in favor of defendants that were sued for violating the Fair Credit Reporting Act because they allegedly reported false and inaccurate information and did not conduct a reasonable investigation of the plaintiff’s dispute. A copy of …
Read More »Appeals Court Upholds Firing of Poor-Performing Customer Service Rep
The Court of Appeals for the Third Circuit has upheld a lower court’s ruling in favor of a company that was sued for firing a customer service representative who was hurt in a car accident and was one of the lowest-ranked employees in the office after it was accused of …
Read More »Court Rules Collector Owes Finder’s Fee
The Court of Appeals for the Third Circuit has overturned a summary judgment ruling in favor of a collector, ruling that it does owe a finder’s fee to a company it hired to help it secure a contract to collect on debts owed to the federal government. A copy of …
Read More »Appeals Court Upholds Dismissal of FDCPA Suit Over Alleged Lack of License
The Court of Appeals for the Third Circuit yesterday upheld a lower court’s dismissal of a Fair Debt Collection Practices Act case, ruling that a debt buyer was not required to be licensed under a state law in Pennsylvania when it attempted to collect interest that had accrued at a …
Read More »FTC, CFPB File Joint Brief in FCRA Case Over How Disputes are Investigated
Given the increased scrutiny and shifting landscape surrounding credit reporting, furnishers would do well to pay attention to a brief filed by both the Federal Trade Commission and the Consumer Financial Protection Bureau in a Fair Credit Reporting Act case before the Court of Appeals for the Third Circuit, which …
Read More »Appeals Court Overturns Lower Court’s Denial of Arbitration Motion
It is not the job of a Court to determine whether a matter needs to be arbitrated or not — it is the job of an arbitrator to do that, according to the Court of Appeals for the Third Circuit, which overturned a lower court’s denial of a motion to …
Read More »Appeals Court Rules Gov’t Liable for FCRA Violations
The Court of Appeals for the Third Circuit has reversed a lower court’s dismissal of a Fair Credit Reporting Act lawsuit, ruling that the federal government does not have sovereign immunity from the statute’s civil liability provisions, widening a split at the Appellate level that seems destined to be resolved …
Read More »Appeals Court Holds Capacity Not Enough to Meet ATDS Definition for TCPA Violation
The Third Circuit Court of Appeals has upheld a lower court’s ruling in favor of a defendant in a Telephone Consumer Protection Act case involving an automated telephone dialing system. That sentence alone should make you want to read the rest of the article. But it’s the next sentence that …
Read More »Appeals Court Upholds Creditor’s Right to Collect After Issuing 1099-C Notice to Plaintiff
The Court of Appeals for the Third Circuit has upheld a lower court’s dismissal of a class action alleging a defendant violated state law in New Jersey by attempting to collect on a debt after it had issued a 1099-C notice to the plaintiff to cover the amount of the …
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