Tag Archives: MTD

A District Court judge in California has granted a defendant’s motion to dismiss — although giving the plaintiff an opportunity to amend his complaint — after it was accused of violating the Fair Debt Collection Practices Act because it allegedly did not update information that was being furnished to the …

Does allegedly agreeing to a payment plan only to back out of it constitute an unfair or deceptive practice under the Fair Debt Collection Practices Act? Not according to a District Court judge in Pennsylvania, who granted a defendant’s motion to dismiss last week, largely because the plaintiff never identified …

A District Court judge in New Jersey has granted a defendant’s motion to dismiss a class action Fair Debt Collection Practices Act case over language related to furnishing information about an unpaid debt to a credit reporting agency in a collection letter. A copy of the ruling in the case …

While noting that several instances of a collection letter lacked clarity, a District Court judge in New Jersey nonetheless granted a defendant’s motion to dismiss a Fair Debt Collection Practices Act case, ruling that even a least sophisticated consumer would be able to ascertain the identity of the original creditor …

A District Court judge in Michigan has granted a defendant’s motion to dismiss after it was sued for allegedly violating the Fair Debt Collection Practices Act by contacting the plaintiff after she had disputed the debt in question with the original creditor and for making a “hard inquiry” on her …

A District Court judge in New York has granted a defendant’s motion to dismiss after it was sued for allegedly violating the Fair Debt Collection Practices Act when it sent four letters to an individual that each offered to settle a debt for 50% of the balance owed, while noting …

A District Court judge in Kansas has granted a defendant’s motion to dismiss a Fair Debt Collection Practices Act case, ruling that the plaintiff lacked standing to sue because she was confused about an alleged discrepancy in the balance of her debt after receiving several collection letters, but, perhaps more …

A District Court judge in North Carolina has granted a defendant’s motion to dismiss after it was accused of violating the Fair Debt Collection Practices Act by leaving a voicemail message on an individual’s cell phone that was overheard by the plaintiff’s sister, ruling that cell phone voicemails are intended …

There is no doubt that consumers are often confused by the information that is sent to them by debt collectors. It is the very reason why courts have instituted the least sophisticated consumer standard, a lens through which judges can determine whether even the village idiot would understand what is …

Debt collectors are conduits — vessels trying to help original creditors recover unpaid debts. Oftentimes, the creditors will make requests or want certain offers included in letters sent to individuals. What happens when a creditor wants to make an offer as a means of trying to get an individual to …