In a case that was defended by Cooper Walker and the team at Frost Echols, a District Court judge in New York has granted a defendant’s motion for summary judgment, ruling a plaintiff lacked standing to pursue a Fair Debt Collection Practices Act case because she did not suffer a …
Read More »Judge Remands FDCPA Case Back to State Court, Awards Attorney’s Fees to Plaintiff
A District Court judge in Wisconsin has granted a plaintiff’s motion to remand a Fair Debt Collection Practices Act case back to state court where it was originally filed and granted the plaintiff’s motion for attorney’s fees and costs because it was “objectively unreasonable” for the defendant to remove the …
Read More »Judge Dismisses FDCPA Class Action for Lack of Standing
A District Court judge in New Jersey has dismissed a Fair Debt Collection Practices Act class-action, ruling the plaintiffs lack standing to sue because they did not suffer a concrete injury when the defendant left voicemails using its official company name after sending letters to the plaintiffs using a different …
Read More »Judge Grants MSJ for Plaintiff in FDCPA Class-Action Over Dispute Notification
This is one of those “This sounds like it might be a big deal, but I need to remind everyone that I’m not a lawyer so there’s a good chance this isn’t the big deal I think it is” type of case, but a District Court judge in Massachusetts may …
Read More »Judge Grants MSJ for Plaintiff in FDCPA Case Over Worker’s Comp Claim
A District Court judge in Arizona has partially granted a plaintiff’s motion for summary judgment after it was sued for violating the Fair Debt Collection Practices Act because it attempted to collect on a debt that was incurred as a result of a worker’s compensation claim, while also ruling that …
Read More »Judge Grants MTD in FDCPA Class Action Over Letter
A District Court judge in New Jersey has granted a defendant’s motion to dismiss a class-action Fair Debt Collection Practices Act case, ruling the plaintiff lacked standing for any of the six claims that he made, including alleging that his information was shared with a letter vendor and unlawfully disclosed …
Read More »Judge Dismisses FDCPA Class for Lack of Standing Related to SOL Disclosure
A District Court judge in New York has granted a defendant’s motion to dismiss a Fair Debt Collection Practices Act class-action lawsuit, ruling the plaintiff lacked standing to sue after arguing that a violation of state law cause the alleged FDCPA infraction. A copy of the ruling in the case …
Read More »Judge Partially Denies MTD, Rules Plaintiff Has Standing in FDCPA Case Over Phone Calls
If I am reading this case right — and I will remind you that I am not a lawyer, I just play one on webinars — a District Court judge in Illinois — the home of no standing rulings — has determined a plaintiff has standing in a Fair Debt …
Read More »Judge Grants MTD in FDCPA Case Over Lack of License
In a case that was defended by Rick Perr and the team at Kaufman Dolowich & Voluck, a District Court judge in New Jersey has added attempting to collect on a debt without the proper license to the growing list of claims that do not automatically confer standing for a …
Read More »Judge Grants MTD in FDCPA Class Action Over ID Theft Disclosure in Letter
A District Court judge in New Jersey has granted a defendant’s motion to dismiss on the grounds the plaintiff lacked standing to file a class-action lawsuit accusing the defendant of violating the Fair Debt Collection Practices Act in relation to an identity theft disclosure that was made in a collection …
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