Tag Archives: District Court for the Eastern District of New York

Is there a double standard when it comes to comparing what collectors need to show when suing a consumer for an unpaid debt and what they need to show when that consumer disputes a debt? Possibly, but that is not the grounds for a Fair Debt Collection Practices Act lawsuit, …

A District Court judge in New York has ruled in favor of the defendants in two separate Fair Debt Collection Practices Act cases, determining that entities that purchase debts do not have to disclose the chain of title detailing how they came to acquire those debts in the initial collection …

A District Court judge in New York has granted a defendant’s motion to dismiss, ruling that the language that was used in a series of letters that raised the possibility that the plaintiff would be sued if she did not make arrangements to repay her debt did not violate the …

A District Court judge in New York has granted a plaintiff’s motion for summary judgment in a Fair Debt Collection Practices Act case, but awarded the plaintiff only $500 in damages because of mitigating circumstances, after the defendant was accused of overstating the amount that was owed. A copy of …

In one fell swoop on Friday, a District Court judge in New York dismissed six Hunstein cases for lack of standing, ruling that a recent Supreme Court decision “casts significant doubt on the continued viability of Hunstein” cases, but giving the plaintiffs time to amend their complaints, either in federal …

Verbs are important components of a sentence. In fact, a sentence isn’t really a sentence without a verb in it. But choosing the right verb can be difficult. Take, for example, a collection letter that includes a disclosure attempting to inform the recipient of the letter that the balance that …

A District Court judge in New York has granted a defendant’s motion to dismiss after it was sued for allegedly violating the Fair Debt Collection Practices Act because the plaintiff received a collection letter that indicated her account would be referred to an attorney to review “possible legal options” if …

A District Court judge in New York has granted a defendant’s motion for summary judgment after it was sued for a laundry list of alleged violations of the Fair Debt Collection Practices Act in a letter that was sent to the plaintiff while also declining a motion from the plaintiff …

A District Court judge in New York has granted a defendant’s motion to dismiss after it was sued for allegedly violating the Fair Debt Collection Practices Act because it warned the plaintiff that an unpaid debt would be reported to the credit reporting agencies, ruling that the plaintiff’s interpretation of …

In a case that was defended by Malone Frost Martin, a District Court judge in New York has granted a defendant’s motion for judgment on the pleadings after it was sued for allegedly violating the Fair Debt Collection Practices Act because it included a statement in a collection letter requesting …