The Court of Appeals for the Third Circuit has affirmed the dismissal of a Fair Debt Collection Practices Act case against a student loan servicer for continuing to attempt to collect a student loan debt after it had been discharged in bankruptcy because the plaintiff failed to follow the proper …
Read More »Third Circuit Denies En Banc Petition in FDCPA Barcode Case
Hey, Eleventh Circuit! You should look at how quickly the Third Circuit rules on en banc petitions and maybe ask for a few pointers. As the industry’s wait for a ruling on the en banc petition in the Hunstein case begins its third month, the Third Circuit Court of Appeals …
Read More »Defendant in FDCPA Barcode Case Files En Banc Petition With Appeals Court
The defendant in a Fair Debt Collection Practices Act case where a lower court’s dismissal was reversed over the inclusion of a barcode on the envelope containing a collection letter has filed a petition with the Third Circuit Court of Appeals for an en banc rehearing, arguing that the Supreme …
Read More »Appeals Court Reverses Dismissal of FDCPA Suit Over Use of Barcode on Envelope
The Court of Appeals for the Third Circuit has reversed the dismissal of a Fair Debt Collection Practices Act case, ruling that the disclosure of an individual’s Internal Reference Number — which included the first 10 characters of the individual’s street address — is sufficient for the individual to have …
Read More »Appeals Court Denies En Banc Request in TCPA Case Over Single Pre-Recorded Message
An Appeals Court yesterday denied an en banc request in a case relevant to the debt collection industry, but it wasn’t the Eleventh Circuit and it wasn’t the Hunstein case. The Third Circuit Court of Appeals yesterday denied an en banc request in a Telephone Consumer Protection Act case over …
Read More »Appeals Court Affirms TCPA Ruling for Defendant Over Lack of Standing
The Court of Appeals for the Third Circuit has affirmed the dismissal of a Telephone Consumer Protection Act suit in which the District Court ruled the plaintiff lacked standing to sue because he never claimed anything other than a “bare procedural harm that resulted in no harm.” A copy of …
Read More »Appeals Court Overturns Ruling Against Consumer Rights Law Firm
The Court of Appeals for the Third Circuit has reversed the dismissal of a lawsuit filed by an individual against the consumer rights law firm she hired to help repair her credit that accused the firm of engaging in racketeering, consumer fraud, and unlawful debt adjustment practices, ruling that the …
Read More »Appeals Court Upholds Dismissal of FDCPA Case After Hospital Sought to Collect From Wife of Deceased Husband
In a case that was defended by Lawrence Bartel and Andrew Schwartz from Gordon Rees Scully Mansukhani, the Third Circuit Court of Appeals has affirmed the dismissal of a Fair Debt Collection Practices Act case in which the wife of a deceased individual sued after she was sent collection letters …
Read More »Appeals Court Affirms MSJ Against Debt Buyer in Contract Breach Case
The Third Circuit Court of Appeals has affirmed a lower court’s ruling in favor of a defendant that was sued by a debt buyer for failing to provide the proper information for accounts that were purchased by the buyer because it did not send its emails to the address noted …
Read More »[UPDATED] Appeals Court Upholds Lower Court Ruling That QR Code on Envelope Violates FDCPA
[EDITOR’S NOTE: Updated below with comments from Jeff Freedman, the co-CEO of MRS] Less than two months after hearing arguments on the case, a panel of judges from the Third Circuit Court of Appeals yesterday unanimously affirmed a summary judgment ruling in favor of a plaintiff who sued a collection …
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