Tag Archives: Judge Kevin McNulty

A District Court judge in New Jersey has granted a defendant’s motion to dismiss on the grounds the plaintiff lacked standing to file a class-action lawsuit accusing the defendant of violating the Fair Debt Collection Practices Act in relation to an identity theft disclosure that was made in a collection …

A District Court judge in New Jersey has denied a defendant’s motion for summary judgment in a Fair Debt Collection Practices Act class-action case, ruling that it is unclear which state’s statute of limitations apply in determining the enforceability of an unpaid debt, and that the defendant’s actions may indicate …

A District Court judge in New Jersey has granted a defendant’s motion to dismiss a Fair Debt Collection Practices Act case, ruling that the plaintiff lacked standing to sue because even though she accused the defendant of sending her 85 collection letters, she never claimed to have opened any of …

If a tree falls in the forest and nobody is around to hear it, does it make a sound? Similarly, if a statement in a collection letter allegedly violates the Fair Debt Collection Practices Act, but the recipient of the letter testifies that she doesn’t recall ever seeing it, does …

A District Court judge in New Jersey has granted a defendant’s motion to dismiss on two claims that it violated the Fair Debt Collection Practices Act, but denied the motion related to the other claims, while also sharing his displeasure at how collectors have induced “endless litigation” because of how …