EDITOR’S NOTE: This article is part of a series that is sponsored by WebRecon. WebRecon identifies serial plaintiffs lurking in your database BEFORE you contact them and expose yourself to a likely lawsuit. Protect your company from as many as one in three new consumer lawsuits by scrubbing your consumers through WebRecon …
Read More »Judge Denies Motion to Remand FDCPA Case Back to State Court
A District Court judge in California has denied a plaintiff’s request to remand a Fair Debt Collection Practices Act case to state court, ruling the plaintiffs have standing to sue because an FDCPA cause of action was “undeniably” alleged in the complaint. A copy of the ruling in the case …
Read More »Complaint Accuses Collector of Treating Refusal to Pay as Dispute
EDITOR’S NOTE: This article is part of a series that is sponsored by WebRecon. WebRecon identifies serial plaintiffs lurking in your database BEFORE you contact them and expose yourself to a likely lawsuit. Protect your company from as many as one in three new consumer lawsuits by scrubbing your consumers through WebRecon …
Read More »Judge Denies Motion to Compel Arbitration in FDCPA Case
A District Court judge in California has denied a defendant’s motion to compel arbitration in a Fair Debt Collection Practices Act case, ruling that the collection law firm’s actions were independent of the original creditor, and thus not subject to the original agreement’s arbitration clause. A copy of the ruling …
Read More »Complaint Accuses Creditors, Agency of Attempting to Collect Debts Covered by Worker’s Compensation
A complaint has been filed in federal court in California accusing a number of healthcare providers and a collection agency of violating state law as well as the Fair Debt Collection Practices Act by attempting to collect on a debt that was incurred as a result of injuries suffered while …
Read More »Complaint Accuses Collector of Violating FDCPA, Reg F Over Attempts to Collect Discharged Debt
A complaint has been filed in California accusing a collector of violating the Fair Debt Collection Practices Act and Regulation F by attempting to collect a debt through calls and text messages to the plaintiff’s cell phone after consent had been revoked and after the debt in question had been …
Read More »Class-Action Accuses Collector of Not Disclosing Call Recordings Soon Enough
A class-action lawsuit has been filed in federal court in California, accusing a collection agency of not notifying the plaintiff that calls between the two parties were being recorded until after the plaintiff had confirmed his identity and the representative of the defendant had disclosed certain information about the debt. …
Read More »Suit Alleges Collector Violated Reg F’s 7-in-7 Provision
It is short on details, but another Regulation F lawsuit has been filed, this time in California, and, for the first time, it’s accusing a collector of violating the rule’s prohibitions on call frequency. A copy of the complaint in the case of Santander v. General Revenue Corp. can be …
Read More »Judge Grants MSJ For Defendant in FDCPA Case Over Call Volume, Revocation
In a case that was defended by the team at Malone Frost Martin, a District Court judge in California has granted a defendant’s motion for summary judgment after it was sued for allegedly violating the Fair Debt Collection Practices Act and the Rosenthal Fair Debt Collection Practices Act after it …
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