Tag Archives: MSJ – Defendant

A District Court judge in Oregon has granted a defendant’s motion for summary judgment after it was sued for violating the Fair Debt Collection Practices Act because the plaintiff claimed never to have received a demand letter to recover an unpaid credit card debt and because the defendant is allowed …

Questions about which statute of limitations can apply to different types of debt can plague a collection operation. Take retail-branded credit cards, for example. In the case below, there is a genuine issue whether the statute of limitations on retail-branded credit cards is four years, or six years. A District …

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 …

An interesting Fair Debt Collection Practices Act case out of Minnesota involving a creditor who mis-spelled a customer’s first and last name when placing the account with a law firm for collection, a customer who changed her name before filing for bankruptcy protection, and a law firm that may or …

A District Court judge in Wisconsin has granted a defendant’s motion for summary judgment in a Fair Debt Collection Practices Act case on the grounds that the plaintiff lacked standing to file his lawsuit, but even if he had standing the defendant still would have had its motion granted because …

In a case that was defended by Rick Perr of Kaufman Dolowich & Voluck, a District Court judge in New Jersey has granted a defendant’s motion for summary judgment in a Fair Debt Collection Practices Act class-action lawsuit over the 1099C language in a collection letter, ruling that the disclosure …

After defaulting on a credit card debt, having a judgment issued against you, and then receiving four more collection letters seeking to collect on a debt, is there anyone who thinks that the next letter is going to induce an individual to repay the debt? But because the balance was …

Is there a double standard when it comes to comparing what collectors need to show when suing a consumer for an unpaid debt and what they need to show when that consumer disputes a debt? Possibly, but that is not the grounds for a Fair Debt Collection Practices Act lawsuit, …

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 …

Is there a way for a debt collector to structure a collection letter to make it appear that it is mandatory for the consumer to dispute the debt? Or that disputing a debt and making a payment are mutually exclusive? In a case that was defended by Rick Perr of …