Tag Archives: MSJ – Defendant

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 …

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. …