A collection agency is being sued for allegedly violating the Fair Debt Collection Practices Act because it sent a text message to the plaintiff’s mother — who also had an account placed with the defendant — with the daughter’s name after the mother made a payment on her own account. …
Read More »Judge Denies Plaintiff’s Motion for Reconsideration in FDCPA Case
A District Court judge in Indiana has denied a plaintiff’s motion for reconsideration after partially granting a defendant’s motion for summary judgment, ruling that the Court did not make an error by misinterpreting Section 1692e(8) of the Fair Debt Collection Practices Act. A copy of the ruling in the case …
Read More »Judge Denies Plaintiff’s MSJ, Partially Grants Defendant’s Motion in FDCPA Case Over Disputed Debt
It’s a situation that happens all-too-often in collection agencies across the country. A consumer, in this case through her attorney, submits a letter disputing the debt. But the information included in the letter doesn’t match anything the agency can find in its system. Turns out, the agency had the debt …
Read More »Judge Denies Class Certification Motion in FDCPA Case
A District Court judge in Indiana has denied a plaintiff’s motion to certify a class in a Fair Debt Collection Practices Act lawsuit, ruling that the agreement between the plaintiff and his attorney renders the plaintiff an inadequate representative for the entire class while also criticizing the plaintiff’s attorney “regarding …
Read More »Judge Partially Grants MSJ For Defendant in FDCPA Case Over BK Filing
A Magistrate Court judge in Indiana has partially granted a defendant’s motion for summary judgment, but denied other claims it violated the Fair Debt Collection Practices Act by sending a collection letter to individuals who had filed for bankruptcy protection and had requested that the defendant stop communicating with them. …
Read More »Judge Dismisses FDCPA Case About Letters to Collect on Discharged Debt For Lack of Standing
A District Court judge has ruled that a plaintiff does not have standing to sue a collector that sent two collection letters seeking to collect on a debt that had been discharged in bankruptcy in which the letters indicated that the collector would update “credit data it may have” already …
Read More »Judge Grants MSJ For Defendant in FDCPA Dispute Case
A District Court judge in Indiana has granted a defendant’s motion for summary judgment, ruling that the collection agency was entitled to the Fair Debt Collection Practices Act’s bona fide error defense because a fax that was sent by the plaintiff’s attorney disputing a debt was forwarded to the wrong …
Read More »Judge Grants MTD in FDCPA Case Over Different Internal Account Numbers in Collection Letters
A District Court judge in Indiana has granted a defendant’s motion to dismiss after it was sued for violating the Fair Debt Collection Practices Act because the internal account numbers it referenced in two collection letters — seeking to collect the same debt owed to the same creditor — were …
Read More »Judge Denies MTD Over Inclusion of ‘Fees’ and ‘Charges’ in Letter When They Didn’t Affect Balance
A District Court judge in Indiana has denied a defendant’s motion to dismiss after it was sued for allegedly violating the Fair Debt Collection Practices Act by including line items for “interest” and other “charges” even though the amounts were zero and no such fees could be added to the …
Read More »