Having read a fair number of rulings from across the country, it’s exciting to me when I read one where the judge lets his or her personality or true feelings for a situation come through instead of just writing something straightforward (re: boring). This is one of those rulings. A …
Read More »Judge Grants MJOP in FDCPA Case Over Time-Barred Claim
A District Court judge in Pennsylvania has granted a defendant’s motion for judgment on the pleadings, agreeing with the defendant that the plaintiff’s complaint is time-barred under the Fair Debt Collection Practices Act’s one-year statute of limitations. A copy of the ruling in the case of Woods v. CACH can …
Read More »Judge Grants MSJ For Defendant in FDCPA Case Over Debt That was Sold
A debt that is sold to a third party can be confusing for a consumer, but confusion is not grounds for standing to sue under the Fair Debt Collection Practices Act, and bad lawyer jokes aside, using legal terms does not constitute the use of obscene or profane language, a …
Read More »Judge Grants Judgment for Defendant in FDCPA Case Over Garnishment from Joint Bank Account
In a case that was defended by Rick Perr at Kaufman Dolowich & Voluck, a District Court judge in Pennsylvania has granted a judgment on the pleadings for a defendant that was accused of violating the Fair Debt Collection Practices Act when it garnished a joint bank account despite allegedly …
Read More »Judge Lowers Fee Award in FDCPA Case
A District Court judge in Pennsylvania has lowered the fee award in a Fair Debt Collection Practices Act case, almost ending up exactly in the middle between the amount sought by the plaintiff and the amount suggested by the defendant. A copy of the ruling in the case of Bush …
Read More »Judge Grants Summary Judgment for Defendant in FDCPA Case, After Ruling Receipt of Letter Enough for Standing
A District Court judge in Pennsylvania has granted summary judgment in favor of a defendant that was sued for violating the Fair Debt Collection Practices Act a second time, after the plaintiff filed a motion for reconsideration, ruling that a collection letter sent to the plaintiff was not false, deceptive, …
Read More »Lack of Jurisdiction Leads EDPA Judge to Grant MTD in FCRA, FDCPA Case
In what feels like a “three people who have never been in my kitchen” claim, a District Court judge in Pennsylvania has granted a motion to dismiss filed by two debt collection companies that were sued for allegedly violating the Fair Debt Collection Practices Act and the Fair Credit Reporting …
Read More »Judge Grants MSJ for Defendant in FCRA, FDCPA Case Over Disputed Debt
A District Court judge in Pennsylvania has granted a defendant’s motion for summary judgment after it was sued for violating the Fair Credit Reporting Act and the Fair Debt Collection Practices Act by allegedly reporting inaccurate information to the credit reporting agencies and allegedly failing to produce the requested information …
Read More »Judge Dismisses Hunstein Case for Lack of Standing
There are cases where a judge looks at the claims and determines that the plaintiff did not suffer any actual injury and therefore does not have standing to sue. And then there are lawsuits where the plaintiff doesn’t allege to have suffered an injury of any kind, which makes the …
Read More »Dismissal of Collection Lawsuit Not Enough for Plaintiff to Pursue FDCPA Suit
Winning a collection lawsuit because the judge ruled there was not a sufficient chain of custody to prove the account was transferred by the original creditor to the entity purchasing the account is not enough evidence that a juror could use to conclude a false statement was made, ruled a …
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