Tag Archives: MTD

A District Court judge in Arizona has granted a defendant’s motion to dismiss after it was sued for allegedly violating the Fair Debt Collection Practices Act by serving the plaintiff with a summons for a collection lawsuit in the incorrect venue, ruling that the plaintiff’s failed attempt to have the …

Creating a sense of urgency is a tried-and-true sales tactic that has been used time and again. Make people think they have to act fast to save a few bucks and they will often take you up on that offer. Following that sense of urgency with a note that if …

In what may be a case of mistaken identity or a case of a first-party collector doing its job properly, a District Court judge in New York has granted a defendant’s motion to dismiss after it was sued for violating the Fair Debt Collection Practices Act because it allegedly sent …

A District Court judge in Tennessee is the latest to use the Supreme Court’s ruling in TransUnion v. Ramirez as grounds to determine that a plaintiff lacked standing to sue a collector for allegedly violating the Fair Debt Collection Practices Act because it indicated in a collection letter that additional …

Who else but the recipient of a collection letter and the mail carrier who delivered it would have access to that letter to see a mini-Miranda statement that had bled through an envelope, asked a District Court judge in Illinois when granting a defendant’s motion to dismiss after it was …

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 because the plaintiff received a collection letter that indicated her account would be referred to an attorney to review “possible legal options” if …

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 because it warned the plaintiff that an unpaid debt would be reported to the credit reporting agencies, ruling that the plaintiff’s interpretation of …

A District Court judge in California has granted a defendant’s motion to dismiss after it was sued for allegedly violating the Fair Debt Collection Practices Act because it identified the creditor and the original creditor in a letter, but did not identify the current creditor to whom the debt was …

In a case that was defended by Khari Ferrell of Malone Frost Martin, a District Court judge in Wisconsin has granted a defendant’s motion to dismiss after it was sued for allegedly violating the Fair Debt Collection Practices Act by informing the plaintiff that it would notify him before reporting …

A District Court judge in Illinois has granted a defendant’s motion to dismiss after it was sued for allegedly violating the Fair Debt Collection Practices Act because it informed the plaintiff in two collection letters that it was not obligated to renew settlement offers that were being made and because …