Tag Archives: District COurt for the Western District of New York

A District Court judge in New York has partially granted a defendant’s motion for summary judgment, denied the plaintiff’s motion for summary judgment in a Fair Debt Collection Practices Act case involving a pair of location information calls that were placed to the plaintiff’s mother. The ruling overturns a recommendation …

A District Court judge in New York has granted a defendant’s motion for summary judgment in a Fair Debt Collection Practices Act class action case, determining that the plaintiff lacked standing to sue because he did not suffer a concrete injury after alleging the defendant violated the statute by sending …

A Magistrate judge in New York has recommended that a defendant be found to have violated the Fair Debt Collection Practices Act by making a second location information call to a debtor’s mother and by asking the mother to have her daughter — the debtor — call the defendant back …

A plaintiff has lost his battle to keep his lawsuit against a debt collector in state court, ruling that the plaintiff’s “explicit” allegations of violations of both the Fair Debt Collection Practices Act and the Federal Trade Commission Act, as well as his demand for damages under both of those …

Is it possible for an individual to sue a debt collector for violating the Fair Credit Reporting Act and Fair Debt Collection Practices Act for allegedly attempting to collect a debt that the individual believes he did not owe, when the individual took no action against the original creditor for …

A District Court judge in New York has granted a defendant’s motion to dismiss after it was sued for violating the Fair Debt Collection Practices Act because the plaintiff believed that a collection letter he received which was signed by an attorney was not actually signed by the attorney and …

A District Court judge in New York has rejected a plaintiff’s legal theory that a judgment obtained in a collection suit extinguishes the underlying debt and thus the underlying agreement, and instead granted a defendant’s motion to compel arbitration and dismissed a Fair Debt Collection Practices Act class-action lawsuit without …

In a case that was defended by Jonathan Robbin of J. Robbin Law, a District Court judge in New York has dismissed class-action claims filed in a Fair Debt Collection Practices Act case and compelled arbitration on an individual basis after a plaintiff accused the defendant of filing a collection …

When it comes to Fair Debt Collection Practices Act lawsuits, there are not many claims that haven’t already been made. Plaintiffs and their lawyers have been attacking the FDCPA for years and had pretty much identified all the different reasons why a debt collector could be sued. So when you …