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 »Court Grants Class Certification, MSJ for Plaintiff in FDCPA Case
A District Court judge in Illinois has granted a plaintiff’s motion for class certification as well as a motion for summary judgment in a Fair Debt Collection Practices Act case that hinged on the defendant’s inclusion of an internal notation when it identified the creditor to whom the debt 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 »NDIL Judge Denies MTD in FDCPA SOL Case
A District Court judge in Illinois has denied a defendant’s motion to dismiss after it was sued for allegedly violating the Fair Debt Collection Practices Act because it said it would not sue the plaintiff to collect a debt for which the statute of limitations had expired instead of saying …
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 Denies MTD Over ‘Will Not Sue’ Statement About Time-Barred Debt
A District Court judge in Illinois has denied a defendant’s motion to dismiss after it was sued for allegedly violating the Fair Debt Collection Practices Act because it said it “will not” sue an individual for a time-barred debt instead of saying it “can not” do so. A copy of …
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