A debt collector in Oregon has agreed to pay $2 million to settle claims it violated the Fair Debt Collection Practices Act against a class of plaintiffs for charging an “issuance fee” of $45 when garnishing the assets of individuals with unpaid debts. A copy of the approved settlement in …
Read More »Appeals Court Partially Affirms Ruling in FDCPA Case, But Overturns Award of Attorneys’ Fees & Costs
The Court of Appeals for the Ninth Circuit has partially affirmed and partially overturned a lower court’s ruling in a Fair Debt Collection Practices Act case, determining that the defendant was not entitled to fees and costs from the plaintiff because the District Court judge incorrectly applied a legal doctrine. …
Read More »Judge Grants Defendant’s MSJ in FDCPA Case Over Alleged Disputed Debt
A District Court judge in Oregon has granted a defendant’s motion for summary judgment after it was sued for violating the Fair Debt Collection Practices Act because the plaintiff claimed never to have received a demand letter to recover an unpaid credit card debt and because the defendant is allowed …
Read More »Judge Grants Defendant’s MSJ in FDCPA Case Over Alleged SOL Violation
Questions about which statute of limitations can apply to different types of debt can plague a collection operation. Take retail-branded credit cards, for example. In the case below, there is a genuine issue whether the statute of limitations on retail-branded credit cards is four years, or six years. A District …
Read More »Judge Grants MTD in FCRA Case Over Charged Off Debt
If an unpaid debt is charged off, should it be removed from an individual’s credit report? While a plaintiff believed it should, a District Court judge in Oregon thought differently, and has dismissed a Fair Credit Reporting Act case against a pair of defendants. A copy of the ruling in …
Read More »Judge Grants Motion to Deny Certification in TCPA Class Action
A District Court judge in Oregon has granted a defendant’s motion to deny class certification in a Telephone Consumer Protection Act case, ruling that the question of whether the number that was called by the defendant was a business or residential number makes it unclear whether or not the plaintiff …
Read More »Judge Holds Debt Buyer Liable for Actions of Collector in Partially Granting Plaintiff’s MSJ in FDCPA Case
On remand from the Ninth Circuit Court of Appeals, a District Court judge in Oregon has partially granted a plaintiff’s motion for summary judgment, ruling that a debt buyer who places accounts with a debt collector can be held vicariously liable for the actions of the debt collector, because the …
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