A class-action complaint has been filed in federal court in Florida accusing a collection agency of ignoring opt-out requests sent by an individual who received text messages from the agency attempting to collect on a debt, and because when the individual attempted to call one of the phone numbers used …
Read More »Judge Rules Debt Not For Personal Use in FDCPA Case
I don’t know about you, but with all the times that I have purchased real estate — one, to be exact — I remembered whether I was at the closing or whether I had someone attend for me, and whether I inspected the property or whether I bought it sight …
Read More »Class-Action Complaint Accuses Collector of Listing Wrong Validation Date in Notice
A class-action complaint originally filed in state court in Florida has been removed to federal court at the request of the defendant, which is being sued for violating the Fair Debt Collection Practices Act for a number of alleged violations, including not providing a proper end of the validation period …
Read More »Cell Phone Carrier Facing TCPA Class Action Over Collection Calls to Wrong Number
A class-action complaint has been filed in Florida against a cell phone carrier and the vendors and third parties it uses to place outbound calls, alleging violations of the Telephone Consumer Protection Act by making more than 50 debt collection calls using an automated telephone dialing service to a wrong …
Read More »Judge Denies Defendant’s MSJ in FCCPA Case Over BK Filing, Attorney Representation
A District Court judge in Florida has denied a defendant’s motion for summary judgment while partially granting and partially denying a similar motion from the plaintiff in a Florida Consumer Collection Practices Act case over alleged attempts to collect a debt after the plaintiff had filed for bankruptcy protection and …
Read More »Judge Denies Motion to Certify Class in FDCPA Suit
I’m not a lawyer, but it seems to me that if you are going to propose a definition for a class in a lawsuit, the first rule is to make sure that the definition includes you. A plaintiff seems to have made that mistake, which is why a District Court …
Read More »Judge Grants Motion for Judgment in Favor of Creditor Sued in FCRA Case
Objectivity is supposed to allow things to be black or white. There aren’t supposed to be shades of grey. Those are for objectivity’s cousin, subjectivity. But even standards that are supposed to be considered objective can sometimes be open to interpretation. At least that is what a plaintiff unsuccessfully attempted …
Read More »FDCPA Class-Action Complaint Accuses Collector of Overshadowing
Does threatening to permanently disconnect an individual’s suspended cell phone service constitute overshadowing? That particular individual is alleging that it does, accusing a collector of violating the Fair Debt Collection Practices Act in a class-action lawsuit. A copy of the complaint in the case of Henry v. Convergent Outsourcing can …
Read More »Another Judge Grants Stay in Hunstein Case Until En Banc Ruling Issued
Similar to the named plaintiff in a class-action lawsuit being emblematic of the injuries suffered by everyone in the class, I’m using this case to point out that judges across Florida are granting stays in Hunstein copycat cases in anticipation of the en banc hearing and ruling that will be …
Read More »FDCPA Class Action Accuses Collector of Making Deceptive Settlement Offer
A class-action lawsuit has been filed in Florida against a company for allegedly violating the Fair Debt Collection Practices Act by offering a settlement to an individual in a collection letter without being specific enough even though the letter disclosed “if your account is settled for less than the full …
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