A District Court judge in North Carolina has denied a plaintiff’s motion to remand a Fair Credit Reporting Act case back to state court where it was originally filed, ruling that accessing the plaintiff’s credit report without a permissible purpose to do so constitutes a concrete injury and gives the …
Read More »Judge Sets Aside Default Judgment Against Defendant in FDCPA Case
A District Court judge in North Carolina has granted a defendant’s motion for relief from judgment on the grounds that a default judgment obtained by the plaintiff in a Fair Debt Collection Practices Act case is void due to lack of service of process. A copy of the ruling in …
Read More »Class-Action Accuses Collector of Violating FDCPA, Regulation F for Not Using MVN
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 »Another Class-Action Filed Over Undated MVN
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 »Hunstein Ruling Pushing More Cases Back to State Court
In a ruling that is emblematic of what is happening in Hunstein cases across the country, a District Court judge in North Carolina has used the Eleventh Circuit’s en banc ruling to determine that a plaintiff does not have standing to sue in federal court and remanded the case back …
Read More »Judge Rules for Defendant in FDCPA Case Over Dispute Response
A District Court judge in North Carolina has granted a defendant’s motion for judgment on the pleadings in a Fair Debt Collection Practices Act case, ruling that the plaintiff’s expectation for what he should have received when he disputed the debt was well beyond what the defendant had to provide …
Read More »Judge Grants MTD in FDCPA Case Involving Overheard Voicemail Message
A District Court judge in North Carolina has granted a defendant’s motion to dismiss after it was accused of violating the Fair Debt Collection Practices Act by leaving a voicemail message on an individual’s cell phone that was overheard by the plaintiff’s sister, ruling that cell phone voicemails are intended …
Read More »Judge Grants MSJ in TCPA Case Over Collection Calls
A District Court judge in North Carolina has granted a defendant’s motion for summary judgment in a Telephone Consumer Protection Act case after it was sued for allegedly placing “several” hundred calls to the plaintiff’s cell phone in an effort to attempt to collect a debt, ruling that the technology …
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