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 »Complaint Accuses Collector of Violating Reg F, FDCPA For Not Deleting Disputed Tradeline
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 No-Longer Disputed Debt
A District Court judge in California has granted a defendant’s motion to dismiss — although giving the plaintiff an opportunity to amend his complaint — after it was accused of violating the Fair Debt Collection Practices Act because it allegedly did not update information that was being furnished to the …
Read More »Judge Partially Grants Defense’s Motion in FDCPA Case Over Undisputed Debt
A Magistrate judge in California has partially granted a defendant’s motion for judgment on the pleadings in a Fair Debt Collection Practices Act case in which the plaintiff claimed the defendant failed to report to the credit reporting agencies that the debt in question was no longer being disputed, ruling …
Read More »Plaintiff Files Reg F, FDCPA Lawsuits Alleging Violations of Rule Months Before it Went Into Effect
A pair of lawsuits that have been filed against different collection agencies highlights an interesting trend that has occurred in a number of cases involving alleged violations of Regulation F — specifically situations where a plaintiff’s claims relate to incidents or events that took place before November 30, 2021, when …
Read More »Collector Accused of Violating Reg F in FDCPA Lawsuit
It only took 10 days after going into effect, but it appears as though one of the first lawsuits referencing Regulation F has been filed against a company in the accounts receivable management industry. The complaint, which was filed on December 10, accuses the company of not adhering “to the …
Read More »Judge Grants Default Judgment For Plaintiff in FDCPA Case, But Denies Request for $25k in Emotional Distress Damages
Receiving one phone call and six messages from a collector after notifying it that she was being represented by an attorney is not enough to warrant the $25,000 in emotional distress being sought by the plaintiff in a Fair Debt Collection Practices Act case, ruled a Magistrate Judge, saying that …
Read More »Judge Denies Competing Motions in FDCPA Case Over Debt Incurred During Political Campaign
A case out in California is attempting to test the limits of what defines a consumer debt, at least as far as the Fair Debt Collection Practices Act is concerned. The issue is so thorny that a District Court judge has denied competing motions for summary judgment from both the …
Read More »EDCA Judge Grants MTD in FDCPA Service Fee Case
A District Court judge in California has granted a defendant’s motion to dismiss a class-action lawsuit after it was sued for violating the Fair Debt Collection Practices Act when it was sued because the collection agency it placed a debt with sent a collection letter that indicated the plaintiff would …
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