A District Court judge in Illinois has dismissed a Fair Debt Collection Practices Act claim made by a plaintiff — who has the same name as a plaintiff’s attorney — against a debt collector while denying the defendant’s motion for summary judgment on a Telephone Consumer Protection Act claim, ruling …
Read More »Judge Grants MSJ for Defendant in FDCPA Case Over Calls to Plaintiff’s Wife
A District Court judge in Illinois has granted a defendant’s motion for summary judgment and denied a similar motion from a plaintiff in a Fair Debt Collection Practices Act case, ruling that 12 calls placed during a three-week period does not rise to the level of harassing or abusive behavior. …
Read More »Collector Accused of Violating Reg F’s 7-in-7 Prohibitions
A plaintiff in Illinois has filed a lawsuit against a payment processor and debt collector, alleging it violated the Fair Debt Collection Practices Act and Regulation F by making repeated phone calls to his cell phone after the plaintiff had asked for communications to be ceased. A copy of the …
Read More »Judge Grants MTD in FDCPA Case for Lack of Standing
There is no doubt that the legal process can be overwhelming and confusing for many consumers. But losing sleep and suffering emotional distress because you think the fight is over before it actually is does not endow that consumer standing to turn around and sue the collector, a District Court …
Read More »FDCPA Suit Over Text Messages Includes Reference to Reg F
Before uncovering what is believed to be the first lawsuit alleging a debt collector violated Regulation F, I came across another complaint which references the debt collection rule, but, in this case, the alleged illegal activity took place before the rule went into effect. A complaint has been filed against …
Read More »Judge Rules Plaintiff Lacks Standing in Hunstein Copycat Case, Remands it Back to State Court
This is one of those cases where I feel like I need to make the “I’m not a lawyer” disclaimer because, to me, this looks like one of those “good news, bad news” type of cases, but there might be sides to this that I am not seeing. A District …
Read More »Judge Remands FDCPA Class Back to State Court, Orders Defendant to Pay Fees
Trying to convince a federal judge that a plaintiff has standing to pursue a lawsuit is a tightrope walk for companies in the accounts receivable management industry. The company doesn’t want to admit to making a mistake, yet also needs to convince a judge that the plaintiff was harmed by …
Read More »Judge Rules for Defendant in FDCPA Glassine Window Case
There are no shortage of cases detailing the consequences of allowing an individual’s account number to be seen through the glassine portion of an envelope containing a collection letter, but a District Court judge in Illinois has settled the debate about what should happen when only a portion of an …
Read More »Judge Grants Plaintiff’s Motion to Remand FDCPA Class Action Back to State Court
Many in the industry have lauded a series of rulings released in the past year that have raised the bar for plaintiffs to establish they have suffered an actual, concrete injury in order to have standing to sue. This has created a new dynamic, where plaintiffs are opting to file …
Read More »Judge Remands FDCPA Class Back to State Court After Ruling Plaintiff Lacks Standing
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, while denying the motion for attorney fees and costs, after the plaintiff received two collection emails from the defendant in which the name of the original …
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