The Court of Appeals for the Ninth Circuit has partially affirmed and partially reversed a lower court’s ruling in a Fair Debt Collection Practices Act case, determining that the District Court judge should not have granted summary judgment for a collection law firm that “expressly” informed an individual in a …
Read More »Appeals Court Affirms Dismissal of FCRA Suit Over No-Longer-Disputed Debt
This is a case that should look familiar to anyone who has ever played a game of telephone and learned why firsthand if you need to pass on a message, it’s best delivered to the source, instead of an intermediary. The Ninth Circuit Court of Appeals has affirmed a lower …
Read More »N.J. Judge Grants MTD in FDCPA Case Even Though Letter Lacked ‘Clarity’
While noting that several instances of a collection letter lacked clarity, a District Court judge in New Jersey nonetheless granted a defendant’s motion to dismiss a Fair Debt Collection Practices Act case, ruling that even a least sophisticated consumer would be able to ascertain the identity of the original creditor …
Read More »Judge Denies MTD in FDCPA Suit Over Dispute Notice in Letter
A District Court judge in Pennsylvania has denied a defendant’s motion to dismiss after it was sued for violating the Fair Debt Collection Practices Act by including language in a collection letter that allegedly misled a plaintiff into thinking that a dispute could be made orally. A copy of the …
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