Tag Archives: MSJ – Defendant

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 …

A District Court judge in Florida has granted a defendant’s motion for summary judgment in a Fair Debt Collection Practices Act case, while also pointing out that the legal theory put forth by the plaintiff’s attorney has been “tartly” rejected by other courts and “does not improve by repetition.” A …

You’ve all seen those videos where a driver suddenly realizes he or she missed their turn and tries to immediately double back, only to end up getting into an accident? In a case defended by Mitch Williamson at Barron & Newburger, a District Court judge in New Jersey has granted …

Vicarious liability became a bit of a hot topic within the context of Fair Debt Collection Practices Act cases recently following a District Court ruling that held a debt buyer liable for the actions of a debt collector working its accounts, but a District Court judge in Alabama has now …

At the end of the day, all you can control are your own actions. If you ask someone to do something and they don’t do it, is that your fault? A District Court judge in Michigan opted to place blame where it lies, which was not with a collection agency …

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 …