Standing, with respect to Fair Debt Collection Practices Act lawsuits these days, is not necessarily always a black-and-white situation. Whether a plaintiff suffered a concrete injury sufficient enough to have standing to sue in federal court is a moving target, but judges have generally indicated that in order to have …
Read More »Judge Remands FDCPA Case Back to State Court
A District Court judge in New York has disagreed with both the plaintiff and defendant in a Fair Debt Collection Practices Act case and remanded the case back to state court for lack of standing, ruling that the plaintiff did not suffer a concrete injury based on the claims that …
Read More »Judge Remands FDCPA Class Action Back to State Court Over Lack of Standing
A District Court judge in New York has remanded a Fair Debt Collection Practices Act class-action lawsuit back to state court, ruling that the plaintiff did not suffer a concrete injury to keep the case in federal court. A copy of the ruling in the case of Pollak v. Portfolio …
Read More »EDNY Judge Grants MTD in FDCPA Case Over Reporting Language in Letter
A District Court judge in New York has granted a defendant’s motion to dismiss after it was sued for allegedly violating the Fair Debt Collection Practices Act because it warned the plaintiff that an unpaid debt would be reported to the credit reporting agencies, ruling that the plaintiff’s interpretation of …
Read More »Judge Denies MTD in FDCPA Case Over Inadvertent SOL Disclosure in Letter
A District Court judge in New York has denied a defendant’s motion to dismiss a class-action lawsuit alleging it violated the Fair Debt Collection Practices Act by including statements in two collection letters indicating that the statute of limitations during which the individual could be sued for the unpaid debt …
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