A District Court judge in Texas has granted a defendant’s motion to dismiss after it was sued for allegedly violating the Fair Debt Collection Practices Act because it failed to mention that a partial payment may revive the statute of limitations on a time-barred debt because state law in Texas …
Read More »Defendants Ask Judge to Reconsider Denying MTD Claim in FDCPA Suit
The defendants in a class-action Fair Debt Collection Practices Act overshadowing case have asked a District Court judge to reconsider her partial denial of a motion to dismiss, after the judge granted the motion on two of the three counts last month. A copy of the motion in the case …
Read More »N.J. Judge Partially Denies MTD in FDCPA Class-Action Over Letter to Decedent’s Estate
A District Court judge in New Jersey has partially granted a defendant’s motion to dismiss a Fair Debt Collection Practices Act class-action case, while allowing claims that a collection letter violated the statute to continue because the letter was addressed to the estate of a deceased individual instead of to …
Read More »NDIL Judge Uses New Standing Rulings to Grant MTD in FDCPA Letter Case
In one of the first cases to reference a series of rulings from the Seventh Circuit Court of Appeals on the issue of plaintiffs’ standing to sue, a District Court judge in Illinois has granted a defendant’s motion to dismiss a Fair Debt Collection Practices Act case because the “stress, …
Read More »Judge Grants MTD in FDCPA Case Over Different Internal Account Numbers in Collection Letters
A District Court judge in Indiana has granted a defendant’s motion to dismiss after it was sued for violating the Fair Debt Collection Practices Act because the internal account numbers it referenced in two collection letters — seeking to collect the same debt owed to the same creditor — were …
Read More »Judge Grants MTD in FCRA Case Over Ownership of Debt
A District Court judge in Illinois has granted a defendant’s motion to dismiss after it was sued for violating the Fair Credit Reporting Act because it allegedly did not conduct a reasonable investigation into a dispute, among other claims. A copy of the ruling in the case of Harris v. …
Read More »Judge Denies MTD in FDCPA Case Over Missing Reference in Validation Notice
We’ve all heard the joke, what happens when you assume? You make an ass of u and me. A collection law firm is learning that lesson the hard way after a District Court judge in North Carolina denied its motion to dismiss because it did not explicitly state who was …
Read More »Judge Denies MTD in FDCPA Case Over Time-Barred Debt Disclosure
A District Court judge in Illinois has denied a defendant’s motion to dismiss and its motion to decertify a class after it was sued for allegedly violating the Fair Debt Collection Practices Act regarding a time-barred notice in a collection letter. A copy of the ruling in the case of …
Read More »Judge Grants MTD in FDCPA Case Over Ambiguous Deadline in Letter
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 was not specific enough in a collection letter with respect to the deadline for receiving a payment. A copy of the ruling …
Read More »Judge Denies MTD Over Inclusion of ‘Fees’ and ‘Charges’ in Letter When They Didn’t Affect Balance
A District Court judge in Indiana has denied a defendant’s motion to dismiss after it was sued for allegedly violating the Fair Debt Collection Practices Act by including line items for “interest” and other “charges” even though the amounts were zero and no such fees could be added to the …
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