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

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 a collection letter included five references to an attorney potentially reviewing the account in question to pursue legal collection activities, which allegedly …

A District Court judge has granted a plaintiff’s request to remand a Fair Debt Collection Practices Act case back to the state court in which it was originally filed, but declined to award attorneys’ fees, ruling that “jurisprudence in this District and the Second Circuit” on the topic of standing …

In a case involving a claim that a defendant violated one of the provisions of Regulation F, a District Court judge in New York has dismissed a Fair Debt Collection Practices Act case, ruling the plaintiff lacked standing to sue after receiving a letter that, among other issues, failed to …

A District Court judge in New York has granted a defendant’s motion to dismiss a Fair Debt Collection Practices Act class-action, albeit for lack of standing even though both sides agreed that the plaintiff suffered a concrete injury, after the plaintiff received two collection letters that offered to settle the …

Consumer attorneys are seizing upon the fact that validation notices sent to consumers no longer need to have the date the letter was mailed on it, and are suing collectors for violating Regulation F and the Fair Debt Collection Practices Act, alleging that the validation date provided in those notices …

Standing, with respect to Fair Debt Collection Practices Act lawsuits these days, is not necessarily always a black-and-white situation. Whether a plaintiff suffered a concrete injury sufficient enough to have standing to sue in federal court is a moving target, but judges have generally indicated that in order to have …

In a case that was defended by the team at Malone Frost Martin, a District Court judge has granted a defendant’s motion for judgment on the pleadings in a Fair Debt Collection Practices class action after alleging that the amount owed listed in a collection letter was lower than it …

A District Court judge in New York has reduced the amount of attorney’s fees to be paid by the defendant in a Fair Debt Collection Practices Act case by 80% of what the plaintiff’s attorney had requested, lowering both the hourly rate and the number of hours worked, while also …

A District Court judge in New York has disagreed with both the plaintiff and defendant in a Fair Debt Collection Practices Act case and remanded the case back to state court for lack of standing, ruling that the plaintiff did not suffer a concrete injury based on the claims that …

A District Court judge in New York has remanded a Fair Debt Collection Practices Act class-action lawsuit back to state court, ruling that the plaintiff did not suffer a concrete injury to keep the case in federal court. A copy of the ruling in the case of Pollak v. Portfolio …