A District Court judge in New Jersey has granted a defendant’s motion to dismiss four of the five counts it is facing in a Fair Debt Collection Practices Act suit after it was accused of disclosing information about the existence of the debt in question to a third party, namely …
Read More »Class-Action Lawsuit Accuses Collector of Violating FDCPA By Including Credit Reporting Language in Letter
A class-action lawsuit has been filed in New Jersey alleging a collector violated the Fair Debt Collection Practices Act by overshadowing the validation notice in a collection letter when it made reference to furnishing information to a credit reporting agency once the validation period expired. A copy of the complaint …
Read More »Judge Grants MTD in FDCPA Class Action Over Settlement Offer in Letter
I think I’m probably not the only person in the world, who, when wandering around a store and coming across an item without a price tag, makes a comment about how said item must be free. We all know that just because there is no price tag, the item isn’t …
Read More »Judge Rules Plaintiff Lacks Standing in FDCPA Case Because Collection Letters Were Never Opened
A District Court judge in New Jersey has granted a defendant’s motion to dismiss a Fair Debt Collection Practices Act case, ruling that the plaintiff lacked standing to sue because even though she accused the defendant of sending her 85 collection letters, she never claimed to have opened any of …
Read More »FDCPA Class Action Alleges ‘Contradictory’ Statements in Letter Misled Consumer
A class-action complaint has been filed against a collector for allegedly violating the Fair Debt Collection Practices Act because it mentioned at the top of a collection letter that the letter’s recipient could call the collector for further assistance, while disclosing at the bottom of the letter that if the …
Read More »Judge Grants $71k in Legal Fees in FDCPA Case
A District Court judge in New Jersey has granted a plaintiff’s motion for more than $71,000 in attorney’s fees — exactly what the plaintiff was asking for — after the plaintiff agreed to an offer of judgment in a Fair Debt Collection Practices Act case. A copy of the ruling …
Read More »Judge Grants MTD in FDCPA Case Over Credit Reporting Language in Letter
A District Court judge in New Jersey has granted a defendant’s motion to dismiss a class action Fair Debt Collection Practices Act case over language related to furnishing information about an unpaid debt to a credit reporting agency in a collection letter. A copy of the ruling in the case …
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 Grants MSJ for Defendant in FDCPA Class-Action Over 1099C Language in Letter
In a case that was defended by Rick Perr of Kaufman Dolowich & Voluck, a District Court judge in New Jersey has granted a defendant’s motion for summary judgment in a Fair Debt Collection Practices Act class-action lawsuit over the 1099C language in a collection letter, ruling that the disclosure …
Read More »Judge Denies Motion to Compel Over How ‘Receivable’ and ‘Account’ are Defined
Synonyms and semantics can be deadly when in the hands of a federal judge. A defendant is learning that lesson the hard way after a District Court judge in New Jersey denied a defendant’s motion to compel arbitration in a Fair Debt Collection Practices Act case, ruling that the words …
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