Tag Archives: MSJ – Defendant

A District Court judge in Michigan has granted a defendant’s motion for summary judgment in a Fair Credit Reporting Act case while also denying the defendant’s motion for sanctions, but noting that he was “troubled” by the plaintiff’s counsel’s conduct in the case and “expressly” warning that “continuing to file …

Companies in the accounts receivable management industry can add “irritation,” “concern,” “feeling targeted,” and “hustled,” to the list of harms that do not create standing to sue in federal court when accusing a debt collector of violating the Fair Debt Collection Practices Act after a District Court judge in Ohio …

A District Court judge in Florida has granted a defendant’s motion for summary judgment on most of the claims in a lawsuit accusing it of violating the Fair Debt Collection Practices Act and the Florida Consumer Collection Practices Act by misrepresenting that the collector was an attorney and by using …

Even though he had been told otherwise, writing a note in the memo line of a check that a debt was being paid in exchange for deletion of a tradeline does not work, according to a District Court judge in New Jersey who granted a defendant’s motion for summary judgment …

A District Court judge in Washington has partially granted a defendant’s motion for summary judgment while denying a plaintiff’s motion for the same ruling in a Fair Debt Collection Practices Act case in which the defendant attempted to collect a debt from the plaintiff, who claims not to have incurred …

Claiming you have been the victim of identity theft is not enough to get a collection item removed from your credit report, a District Court judge in California has ruled, granting a defendant’s motion for summary judgment after the plaintiff claimed it violated the Fair Debt Collection Practices Act by …

What do you do when you receive a letter disputing a debt, but when you check your records, you have more than 600 individuals with the same name in your system? Sometimes, you don’t mark the right accounts with the dispute notification. But, if you have the proper policies and …

In a case that was defended by the team at Malone Frost Martin, a District Court judge in California has granted a defendant’s motion for summary judgment after it was sued for allegedly violating the Fair Debt Collection Practices Act and the Rosenthal Fair Debt Collection Practices Act after it …

A District Court judge in Mississippi has granted a defendant’s motion for summary judgement and a motion to dismiss two consolidated cases in which a debt collector was accused of violating the Fair Debt Collection Practices Act because it did not properly flag accounts as being disputed when furnishing information …

In a case that was defended by the Law Office of Boyd Gentry, a District Court judge in Ohio has granted a defendant’s motion for summary judgment in a Fair Debt Collection Practices Act case, ruling that the plaintiff lacked standing to claim an injury after receiving collection letters that …