If I am reading this case right — and I will remind you that I am not a lawyer, I just play one on webinars — a District Court judge in Illinois — the home of no standing rulings — has determined a plaintiff has standing in a Fair Debt …
Read More »Judge Grants MSJ For Plaintiff in FDCPA Case Over Disputed Debt Not Being Reported Soon Enough
If you are furnishing information to credit reporting agencies — especially within the Seventh Circuit — you better make sure that you haven’t received any disputes in the day or two prior to submitting updates to the CRAs. A District Court judge in Illinois has denied a defendant’s motion for …
Read More »Judge Grants MSJ for Defense in FDCPA Case Over Letter Sent to Represented Individual
A District Court judge in Illinois has granted a defendant’s motion for summary judgment in a Fair Debt Collection Practices Act case, ruling that a letter sent to the plaintiff in response to a dispute does not constitute a communication in connection with the collection of a debt. A copy …
Read More »Judge Grants Motion for Defendant in FCRA Case Over Reasonable Investigation
A District Court judge in Illinois has granted a defendant’s motion for judgment on the pleadings after it was accused of violating the Fair Credit Reporting Act by not conducting a reasonable investigation after an account was disputed, ruling that the plaintiff lacked standing because he did not allege to …
Read More »Judge Remands FDCPA Case Back to State Court, But Closes Door on Damages
A District Court judge in Illinois has granted a plaintiff’s motion to remand a Fair Debt Collection Practices Act case back to state court, but in doing so made some comments that I found to at least make the ruling more enjoyable to read, if not also being possibly incredibly …
Read More »Loss of Appetite, Sleep Enough for Plaintiff to Have Standing in FDCPA Suit, Judge Rules
This is one of those “I’m not a lawyer, so I may be completely off-base, but if I’m not, then this might be a ruling worth paying attention to” type of cases, so please bear that in mind if you have chosen to continue reading and did not close this …
Read More »Judge Grants Motion to Remand Hunstein Class Actions Back to State Court
A District Court judge in Illinois has granted motions in two separate Fair Debt Collection Practices Act class-action lawsuits to remand the cases back to state court, ruling the plaintiffs lacked standing to sue in federal court. Copies of the rulings in Navarroli v. Medicredit and Maldonado v. Credit Control …
Read More »Another Collector Facing Class-Action for Location, Format of Email Opt-Out Disclosure
EDITOR’S NOTE: This article is part of a series that is sponsored by WebRecon. WebRecon identifies serial plaintiffs lurking in your database BEFORE you contact them and expose yourself to a likely lawsuit. Protect your company from as many as one in three new consumer lawsuits by scrubbing your consumers through WebRecon …
Read More »Judge Dismisses FDCPA Case Over Allegedly Rude & Harassing Interactions for Lack of Standing
A District Court judge in Illinois has granted a defendant’s motion to dismiss, albeit giving the plaintiff an opportunity to amend her complaint, in a Fair Debt Collection Practices Act case because she lacked standing to sue, ruling that the behavior of the defendant’s representatives alleged in the complaint did …
Read More »Pair of NDIL Hunstein Cases Remanded Back to State Court for Lack of Standing
While there may be people in the industry celebrating that the Hunstein case was dismissed by the Eleventh Circuit Court of Appeals yesterday, a pair of recently issued rulings from the Northern District of Illinois illustrate that the fight over the use of letter vendors to print and mail collection …
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