Tag Archives: MTD

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 …

A District Court judge in New Jersey has granted a defendant’s motion to dismiss on all counts but one in a class-action Fair Debt Collection Practices Act case, ruling that the allegations that the amount of a debt was mis-stated in a letter can not be ruled on at this …

These days, collectors are being accused as much for what they do not say in collection letters as what they do say. Take, for instance, a case out of the District Court for the District of Connecticut, in which a judge has granted a defendant’s motion to dismiss a class-action …

A District Court judge in Arizona has granted a defendant’s motion to dismiss a class action complaint after it was sued for allegedly violating the Fair Debt Collection Practices Act for using language in a collection letter that made it seem as though both the defendant and 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, ruling that informing the recipient of a collection letter that the unpaid debt may be reported to a credit reporting agency which would negatively …

In a case that was defended by Ethan Ostroff and the team at Troutman Pepper and Smith Debnam, a District Court judge in North Carolina has granted a defendant’s motion to compel arbitration and dismiss a class-action after it was accused of violating the Fair Debt Collection Practices Act and …

A District Court judge in Utah has granted a defendant’s motion to dismiss a Fair Debt Collection Practices Act class action case, ruling that it did not need a license to collect in that state in order to file collection lawsuits against the two named plaintiffs. The judge ruled that …

A District Court judge in New York has granted a defendant’s motion to dismiss, ruling that the language that was used in a series of letters that raised the possibility that the plaintiff would be sued if she did not make arrangements to repay her debt did not violate the …

A District Court judge in Washington has mostly denied a defendant’s motion to dismiss — she did grant it on one count of the claim — in a Fair Debt Collection Practices Act case in which the debt collector was accused of attempting to collect a debt that the plaintiff …