Even though she explicitly states she is not taking a position on the topic, Judge Yvette Kane of the District Court for the Middle District of Pennsylvania did say in a ruling remanding a Hunstein case back to state court for lack of standing that a defendant providing a plaintiff’s …
Read More »Pa. Judge Denies Stay Request in Hunstein Case
A District Court judge in Pennsylvania has denied a defendant’s motion to stay a Hunstein case pending the outcome of the en banc rehearing scheduled later this month before the Eleventh Circuit Court of Appeals, ruling that regardless of how the Eleventh Circuit rules, it will not have “binding precedence” …
Read More »MDPA Judge Rules for Defendant in FDCPA Case
You’re damned if you do, and you’re damned if you don’t. Debt collectors are often accused of not providing enough documentation when filing lawsuits against consumers for unpaid debts, but can even be accused of violating the Fair Debt Collection Practices Act when they do provide all the documentation that …
Read More »Judge Denies Plaintiff’s Attorney’s Request to Withdraw in FDCPA, FCRA Case
A District Court judge in Pennsylvania has denied a plaintiff’s attorney’s renewed motion to withdraw from a case against a student loan servicer for allegedly violating the Fair Debt Collection Practices Act and the Fair Credit Reporting Act, saying her “ill-conceived notion” that her client would be engaging in unlawful …
Read More »Plaintiff Seeking $700k in Damages For Receiving 343 Collection Calls After Revoking Consent
A Pennsylvania man has filed a lawsuit alleging he received 343 debt collection calls on his cell phone after he revoked his consent to be contacted, accusing the defendant of willfully violating the Telephone Consumer Protection Act. A copy of the complaint in Kearney v. Bank of America can be …
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