A District Court judge in Pennsylvania has certified a class action in a Fair Debt Collection Practices Act lawsuit that accused a defendant of violating the statute by mentioning in a letter that a judgment may be awarded before the expiration of a settlement offer that was being made, even …
Read More »Judge Grants Motion for Defendant in FDCPA Case Over Attorney Reference in Letter
Does mentioning in a collection letter that the account in question might be referred to an attorney violate the Fair Debt Collection Practices Act? A District Court judge in Pennsylvania has ruled that it does not, granting a defendant’s motion for judgment on the pleadings after it was sued by …
Read More »Judge Grants MSJ in FDCPA Cases Over ‘Not an Attempt’ to Collect Disclosure in Letter
When is a communication from a debt collector not an attempt to collect a debt? If it says so in a letter to an attorney representing a consumer, is that enough? A District Court judge in Pennsylvania thinks so, and has granted a defendant’s motion for summary judgment in three …
Read More »Judge Grants MTD in FDCPA Case Over Alleged Refusal to Honor Payment Plan
Does allegedly agreeing to a payment plan only to back out of it constitute an unfair or deceptive practice under the Fair Debt Collection Practices Act? Not according to a District Court judge in Pennsylvania, who granted a defendant’s motion to dismiss last week, largely because the plaintiff never identified …
Read More »Judge Denies MTD in FDCPA Class Action Over Continuance Requests in Underlying Collection Suits
A District Court judge in Pennsylvania has denied a defendant’s motion to dismiss a class-action lawsuit claiming it allegedly violated the Fair Debt Collection Practices Act by engaging in a “policy and practice of seeking a continuance in a state-court debt-collection action by falsely representing, on the day of the …
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