A District Court judge in Pennsylvania has denied a defendant’s motion for reconsideration on the grounds that the plaintiffs in a Fair Debt Collection Practices Act lacked standing, affirming a summary judgment ruling that had previously been awarded in favor of the plaintiffs, ruling that the plaintiff’s decision not to …
Read More »Judge Grants MTD in FDCPA Case Over Settlement Offer in Letter
A District Court judge in Pennsylvania has granted a defendant’s motion to dismiss after it was sued for violating the Fair Debt Collection Practices Act because settlement offers mentioned in an initial collection notice allegedly violated the 30-day dispute window. A copy of the ruling in the case of Bernard …
Read More »Judge Grants MTD in Hunstein Case for Second Time Over Lack of Standing
Strike two. A plaintiff alleging a collection agency violated the Fair Debt Collection Practices Act by using a letter vendor to print and mail the collection letter she received has had her case dismissed by a federal judge for lack of standing, although this time the judge is not giving …
Read More »Judge Rules Subrogation Claim Not ‘Debt’ Under FDCPA
In a case that was defended by the team at Kaufman Dolowich & Voluck, a District Court judge in Pennsylvania has granted a motion for judgment on the pleadings filed by defendants in a Fair Debt Collection Practices Act case, ruling that insurance subrogation claims do not meet the definition …
Read More »Judge Grants MTD in Hunstein Class Action for Lack of Standing
A District Court judge in Pennsylvania has granted a defendant’s motion to dismiss a Hunstein copycat class-action case, ruling the plaintiff lacks standing to sue. A copy of the newest ruling — Barclift v. Keystone Credit Services — can be accessed by clicking here. The plaintiff received a collection letter …
Read More »Pa. Judge Denies Motion for Judgment on Pleadings in Hunstein Copycat Case
When it comes to the Hunstein case, the industry made two steps forward with the Eleventh Circuit Court of Appeals in finally getting the Court to agree to rehear the case, only to have a judge in the Eastern District of Pennsylvania make everyone take one giant step backward yesterday …
Read More »Judge Certifies Class in FDCPA Case
A District Court judge in Pennsylvania has certified a class in a Fair Debt Collection Practices Act case over a 1692e claim that the manner in which a series of debts were itemized in a collection letter was misleading, disagreeing with the defendant that there is no evidence that other …
Read More »Judge Grants MTD in FDCPA Case Over Use of Word ‘Summons’
A District Court judge in Pennsylvania has granted a defendant’s motion to dismiss after it was sued for violating the Fair Debt Collection Practices Act when one of its representatives used the word “summons” during a conversation with the plaintiff, who had been sued by the defendant to recover an …
Read More »Judge Partially Grants MSJ for Defendant in Itemized Debt Case
A District Court judge in Pennsylvania has partially granted and partially denied a defendant’s motion for summary judgment in a Fair Debt Collection Practices Act and Telephone Consumer Protection Act case that may offer a glimpse into how judges are going to address itemized debts once Regulation F goes into …
Read More »Judge Grants MSJ For Agency in FCRA, FDCPA Case Over Disputed Debt
A District Court judge in Pennsylvania has granted a defendant’s motion for summary judgment on all claims in a Fair Credit Reporting Act and Fair Debt Collection Practices Act case after it was accused by the plaintiff of not properly investigating a disputed debt because the plaintiff did not do …
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