A District Court judge in Arizona has granted a defendant’s motion to dismiss after it was sued for allegedly violating the Fair Debt Collection Practices Act by attempting to collect a debt that the plaintiff said he did not owe, largely because the plaintiff never submitted the documentation requested by …
Read More »Judge Grants MSJ for Plaintiff in FDCPA Case Over Worker’s Comp Claim
A District Court judge in Arizona has partially granted a plaintiff’s motion for summary judgment after it was sued for violating the Fair Debt Collection Practices Act because it attempted to collect on a debt that was incurred as a result of a worker’s compensation claim, while also ruling that …
Read More »Judge Grants MSJ For Defendant in FCRA Case Over Disputed Debt Investigation
A District Court judge in Arizona has granted a defendant’s motion for summary judgment in a Fair Credit Reporting Act case, ruling that any ambiguity in how debts are reported by the credit reporting agencies is not necessarily the fault of the furnisher as long as the information being furnished …
Read More »Judge Partially Grants MTD in FDCPA Case Over Wrong Debt On Plaintiff’s Credit Report
A District Court judge in Arizona has partially granted a defendant’s motion to dismiss after it was sued for allegedly violating the Fair Debt Collection Practices Act by furnishing information to the credit reporting agencies that did not belong the plaintiff. A copy of the ruling in the case of …
Read More »Judge Dismisses FDCPA Suit, But Gives Plaintiff Chance to Amend Complaint
A District Court judge in Arizona has dismissed a plaintiff’s amended complaint accusing a collector of violating the Fair Debt Collection Practices Act by reporting a debt to the credit reporting agencies that was incurred in another state and was owed by a third party with a different name and …
Read More »Judge Certifies Class in Wrong Number TCPA Case Involving Collection Calls
A District Court judge in Arizona has certified a class in a Telephone Consumer Protection Act case that alleged a financial institution made collection calls using an artificial or prerecorded voice to more than 1 million non-customers on their cell phones without first obtaining consent. A copy of the ruling …
Read More »Judge Grants MSJ For Defendant in FCRA Case Over Accessing Credit Report When Collecting on Debt
In a case that was defended by David Schultz and the team at Hinshaw Culbertson, a District Court judge in Arizona has granted a defendant’s motion for summary judgment after it was accused in a class action of violating the Fair Credit Reporting Act for accessing an individual’s credit report …
Read More »Ariz. Judge Grants MTD in FDCPA Class Action Over Credit Reporting Language in Letter
A District Court judge in Arizona has granted a defendant’s motion to dismiss a class action complaint after it was sued for allegedly violating the Fair Debt Collection Practices Act for using language in a collection letter that made it seem as though both the defendant and the original creditor …
Read More »Judge Grants MTD in FDCPA Case Over Alleged Improper Service in Underlying Collection Suit
A District Court judge in Arizona has granted a defendant’s motion to dismiss after it was sued for allegedly violating the Fair Debt Collection Practices Act by serving the plaintiff with a summons for a collection lawsuit in the incorrect venue, ruling that the plaintiff’s failed attempt to have the …
Read More »Judge Awards $17k in Damages and Attorney’s Fees in FCRA Default Judgment
A District Court judge in Arizona has awarded more than $17,000 in damages and attorney’s fees to a plaintiff who obtained a default judgment against a collection agency for allegedly violating the Fair Credit Reporting Act by furnishing inaccurate information because it reported a delinquent account that was more than …
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