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 Grants MTD in FDCPA Case Over Lack of Interest Disclosure on MVN
We were so close to what I think would have been our first ruling on the safe harbor of using the Model Validation Notice, but a District Court judge in Utah ruled a plaintiff lacked standing to pursue his Fair Debt Collection Practices Act lawsuit because the defendant purchased the …
Read More »Judge Refuses to Allow Incentive Award for Named Plaintiff in FDCPA Class Action
A District Court judge in Utah has approved a requested award for attorney’s fees in a Fair Debt Collection Practices Act case, but lowered the award for the named plaintiff in the class-action case, ruling that an incentive award beyond what is statutorily allowed was not authorized under the FDCPA. …
Read More »Utah Judge Grants MTD in FDCPA Case Over Lack of License
A District Court judge in Utah has granted a defendant’s motion to dismiss a Fair Debt Collection Practices Act class action case, ruling that it did not need a license to collect in that state in order to file collection lawsuits against the two named plaintiffs. The judge ruled that …
Read More »Judge Uses First Amendment to Grant MTD in FDCPA Case
It’s Independence Day weekend here in the United States, so is there a better time to discuss the First Amendment to the Constitution? The timing is just coincidental, though, to Judge Howard Neilson of the District Court for the District of Utah, who relied heavily on the First Amendment’s Petition …
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