A District Court judge in Maryland has granted a defendant’s motion for summary judgment in a Fair Credit Reporting Act case, ruling the plaintiff’s claim that the defendant did not conduct a reasonable investigation was without merit and that the plaintiff did not produce enough evidence to make his case. …
Read More »Judge Grants MTD in FDCPA, FCRA Case Over Emails, Portal Access
A District Court judge in Maryland has granted a defendant’s motion to dismiss after it was sued by a pro se plaintiff for violating a number of statutes, including the Fair Debt Collection Practices Act because, among other claims, the defendant was not allowed to use the last four digits …
Read More »Judge Grants MTD in FDCPA Case Due to Lack of Standing
Saying that you expended “time, money, and effort” trying to identify what to do when you are confused as to whom the original creditor was after receiving a collection letter is not enough for a plaintiff to have standing to sue, ruled a District Court judge in Maryland, who has …
Read More »Judge Imposes Higher Standard on Defendant Using BFE Defense in FDCPA, FCRA Case
A District Court judge in Maryland has granted a plaintiff’s motion to strike four of the five affirmative defenses put forth by a defendant in a Fair Credit Reporting Act and Fair Debt Collection Practices Act case — including the use of the Bona Fide Error defense — ruling that …
Read More »Judge Partially Dismisses FDCPA Suit on Remand From Appeals Court
A District Court judge in Maryland has partially granted a defendant’s motion to dismiss in a case that was remanded back to the court after a ruling from the Fourth Circuit Court of Appeals last year determined that the court had erred in deciding when the one-year statute of limitations …
Read More »Judge Grants MSJ For Defendant in FDCPA Case About Pre-Confirmation ID
It’s the collection industry’s version of the chicken-and-the-egg. A consumer refuses to confirm his or her identity because the collector will not go into detail about a collection call, but the collector can not go into detail until the consumer’s identity is verified. Collectors have to stick to their guns …
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