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 …
Read More »Judge Grants MSJ For Defendant in FDCPA Dispute Case
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 …
Read More »Judge Grants MSJ For Defense Over Cease Contact Request Sent to Agency Affiliate
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 …
Read More »NDIL Judge Grants MSJ For Defense in FDCPA Overshadowing Case
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 …
Read More »Judge Grants MSJ For Defense in Ruling that All Predictive Dialers are Not ATDS’s
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. …
Read More »Judge Grants MSJ For Defense in FDCPA Suit Over Processing Fee, Who Owed Debt
A District Court judge in Missouri has granted summary judgment in favor of a defendant that was sued for allegedly violating the Fair Debt Collection Practices Act because it charged a processing fee for payments made via a debit or credit card and because the account was originally opened in …
Read More »Appeals Court Upholds MSJ For Defense After Plaintiff Could Not Prove Debts Were Consumer-Related
This is one of those cases that make me, a non-lawyer, dizzy. The Seventh Circuit Court of Appeals has upheld a lower court’s summary judgment ruling in favor of a defendant that was sued for violating the Fair Debt Collection Practices Act because the plaintiff could not prove the debt …
Read More »Judge Grants MSJ For Defendant in FDCPA Bona Fide Error Case Over Disputed Debt
A District Court judge in California has granted summary judgment in favor of a defendant that was sued for violating the Fair Debt Collection Practices Act because it allegedly did not mark an account as disputed, instead choosing the believe the policies and procedures put in place by the defendant …
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