Tag Archives: MSJ – Defendant

It’s the collection industry’s version of the chicken-and-the-egg. A consumer refuses to confirm his or her identity because the collector will not go into detail about a collection call, but the collector can not go into detail until the consumer’s identity is verified. Collectors have to stick to their guns …

A District Court judge in New York has granted a defendant’s motion for summary judgment on six of the seven counts in a lawsuit claiming a letter it sent to the plaintiff violated several sections of the Fair Debt Collection Practices Act, but denied summary judgment motions from both sides …

In a case that was defended by Patrick Watts at Malone Frost Martin, a District Court judge in Wisconsin has granted a defendant’s motion for summary judgment after it was sued for violating the Fair Debt Collection Practices Act and the Telephone Consumer Protection Act by placing 28 calls to …

A District Court judge in Missouri has granted a defendant’s motion for summary judgment after it was sued for violating the Fair Credit Reporting Act because it allegedly did not conduct a reasonable investigation after being notified of a dispute, even though the plaintiff included the letter he received from …

A District Court judge in Pennsylvania has granted a defendant’s motion for summary judgment after it was accused of violating the Fair Debt Collection Practices Act by sending the plaintiff a collection letter that indicated the amount owed may “increase or decrease” which allegedly created a false sense of urgency. …

A District Court judge in Arkansas has granted a defendant’s motion for summary judgment in a Fair Debt Collection Practices Act case after it was accused of engaging in harassing behavior by sending the same verification letter twice in a month in response to two dispute notices sent by the …

A District Court judge in Indiana has granted a defendant’s motion for summary judgment, ruling that the collection agency was entitled to the Fair Debt Collection Practices Act’s bona fide error defense because a fax that was sent by the plaintiff’s attorney disputing a debt was forwarded to the wrong …

A District Court judge in Illinois has granted a defendant’s motion for summary judgment after it was sued for violating the Fair Debt Collection Practices Act by continuing to contact a plaintiff after the plaintiff’s attorney had sent an online message to stop doing so, because the message was sent …

A District Court judge in Illinois has granted a defendant’s motion for summary judgment after it was sued for violating the Fair Debt Collection Practices Act by sending a second collection letter that allegedly overshadowed the validation notice during the 30-day window to dispute a debt. A copy of the …

A District Court judge in Pennsylvania has granted summary judgment to a defendant that was accused of violating the Telephone Consumer Protection Act by contacting an individual on his cell phone after he had revoked consent to be contacted, because the defendant was not using an automated telephone dialing system. …