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

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 …

A District Court judge in New York has granted a plaintiff’s motion to remand a Hunstein case back to state court, ruling that the plaintiff does not have standing to sue in federal court because the complaint does not allege that the communication of his information by the defendant to …

A District Court judge in New York has dismissed two cases — one of them a class action — that alleged the defendants violated the Fair Debt Collection Practices Act by sending private information to a third-party vendor to print and mail collection letters that were received by the plaintiffs, …

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 …