A District Court judge in Washington has denied a plaintiff’s motion to certify a class while also denying motions for summary judgment from a number of defendants in a Fair Debt Collection Practices Act case stemming from a consent order between one of the defendants and the Consumer Financial Protection …
Read More »Judge Denies MTD in FDCPA Case Over Disputed Debt
A District Court judge in Washington has denied a defendant’s motion to dismiss, ruling that the plaintiff’s notification that she was disputing the debt invalidated the defendant’s representation that the plaintiff had not appeared in an underlying collection lawsuit, thus negating the Fair Debt Collection Practices Act’s one-year statute of …
Read More »Judge Partially Grants MSJ for Plaintiff in FDCPA Case Over Collecting Incorrect Amount
A District Court judge in Washington has partially granted a plaintiff’s motion for summary judgment, ruling that the defendant’s attempts to collect an unpaid apartment debt that was inflated because the creditor determined that the plaintiff had forfeited her security deposit violated certain provisions of the Fair Debt Collection Practices …
Read More »WDWA Judge Dismisses Case Involving Assigned Claim
A District Court judge in Washington has joined his brethren in Oklahoma and dismissed a Fair Debt Collection Practices Act case filed by an individual who was assigned a claim from a consumer, ruling the plaintiff lacks standing to sue. A copy of the ruling in the case of James …
Read More »Judge Grants Defendant’s Motion in FCRA Case Over Disputed Debt
A District Court judge in Washington has granted a defendant’s motion for judgment on the pleadings in a Fair Credit Reporting Act case, even though the judge took the step of pointing out that the facts of the case were “disheartening,” ruling that a credit reporting agency could not be …
Read More »Judge Certifies Class in TCPA Case Against Collector
A District Court judge in Washington has granted a plaintiff’s motion to certify a class action against a debt collector accused of violating the Telephone Consumer Protection Act by obtaining the plaintiff’s cell phone number via a skiptracing service and contacting the plaintiff without first obtaining consent to do so, …
Read More »Judge Grants MTD in FDCPA Case Over Issues With Plaintiff’s Name
What is in a name, Shakespeare asked when he wrote “Romeo & Juliet.” His intention was to illustrate that how things are named really doesn’t matter. “That which we call a rose by any other name would smell just as sweet,” Juliet says in the play. While that maybe true, …
Read More »Judge Grants MSJ For Defendant in FDCPA Case Over Communication Issues
You ever have a situation where you and someone else just don’t see eye to eye on anything? A debt collector is having that problem with a husband and wife, where both sides agree that a debt is owed, but disagree on just about everything that happened after that debt …
Read More »WDWA Judge Partially Denies MTD in FDCPA Case Over Amount of Debt
A District Court judge in Washington has mostly denied a defendant’s motion to dismiss — she did grant it on one count of the claim — in a Fair Debt Collection Practices Act case in which the debt collector was accused of attempting to collect a debt that the plaintiff …
Read More »Judge Approves $100k Settlement in FCRA Class Action Against Collector
A District Court judge in Washington has signed off on a final settlement in a Fair Credit Reporting Act class action that will see the plaintiff’s attorneys be awarded as much as 73% of the final amount that the defendant is willing to pay to settle the case after the …
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