A District Court judge in Pennsylvania has granted a defendant’s motion to dismiss after it was sued for violating the Fair Debt Collection Practices Act because settlement offers mentioned in an initial collection notice allegedly violated the 30-day dispute window. A copy of the ruling in the case of Bernard …
Read More »FDCPA Class-Action Complaint Accuses Collector of Overshadowing
Does threatening to permanently disconnect an individual’s suspended cell phone service constitute overshadowing? That particular individual is alleging that it does, accusing a collector of violating the Fair Debt Collection Practices Act in a class-action lawsuit. A copy of the complaint in the case of Henry v. Convergent Outsourcing can …
Read More »SDNY Judge Grants Motion for Defendant in FDCPA Case Over Issues with Letter
A District Court judge in New York has granted a defendant’s motion for judgment on the pleadings after it was sued for allegedly violating the Fair Debt Collection Practices Act when it mentioned in a letter that an account may be placed with an attorney “for possible legal action” and …
Read More »Judge Grants MTD in FDCPA Case Over Pronoun Usage in Validation Letter
When it comes to Fair Debt Collection Practices Act lawsuits, there are not many claims that haven’t already been made. Plaintiffs and their lawyers have been attacking the FDCPA for years and had pretty much identified all the different reasons why a debt collector could be sued. So when you …
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 »Judge Grants MSJ For Defense on 6 of 7 Counts in FDCPA Case
A District Court judge in New York has granted a defendant’s motion for summary judgment on six of the seven counts in a lawsuit claiming a letter it sent to the plaintiff violated several sections of the Fair Debt Collection Practices Act, but denied summary judgment motions from both sides …
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