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Judge Denies Defendant’s MSJ in FCCPA Case Over BK Filing, Attorney Representation

Account Recovery

A District Court judge in Florida has denied a defendant’s motion for summary judgment while partially granting and partially denying a similar motion from the plaintiff in a Florida Consumer Collection Practices Act case over alleged attempts to collect a debt after the plaintiff had filed for bankruptcy protection and allegedly notified the (..)

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Daily Digest – March 29. Judge Denies Defendant’s MSJ in FCCPA Case; Ignite! Attendees Share Best Ideas

Account Recovery

JUDGE DENIES DEFENDANT’S MSJ IN FCCPA CASE OVER BK FILING, ATTORNEY REPRESENTATION A District Court judge in Florida has denied a defendant’s motion for summary judgment while partially granting and partially denying a similar motion from the plaintiff in a Florida Consumer Collection Practices Act case over alleged attempts to collect a debt (..)

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Judge Grants MSJ For Defendant in Class-Action Over Dispute

Account Recovery

A District Court judge in Florida has granted a defendant’s motion for summary judgment in a class-action lawsuit involving alleged violations of the Fair Debt Collection Practices Act and the Florida Consumer Collection Protection Act.

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Appeals Court Upholds MSJ For Defendant in FDCPA Vicarious Liability Case

Account Recovery

The Eleventh Circuit Court of Appeals has upheld the summary judgment ruling in favor of a defendant that was sued for violating the Fair Debt Collection Practices Act and the Florida Consumer Collection Practices Act because of alleged misrepresentations made by another entity that was collecting on the defendant’s behalf.

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Judge Partially Grants MSJ For Defendant in FDCPA Case Over Alleged Threats, Use of Obscene Language

Account Recovery

A District Court judge in Florida has granted a defendant’s motion for summary judgment on most of the claims in a lawsuit accusing it of violating the Fair Debt Collection Practices Act and the Florida Consumer Collection Practices Act by misrepresenting that the collector was an attorney and by using obscene and profane language during … (..)

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Compliance Digest – January 27

Account Recovery

It will be interesting to see Defendant proceeds with the litigation and files a motion for summary judgment which will be able to be supported with facts from discovery. More details here. WHAT THIS MEANS, FROM BRIT SUTTELL OF BARRON & NEWBURGER: This is an interesting case that was probably not well suited for a Motion to Dismiss. (The

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Properly Evaluating and Defending Class Action Complaints

Jimerson Firm

Nevertheless, there appears to be an increase in class action complaints alleging violations of consumer protection laws such as Fair Debt Collection Practices Act (FDCPA), Florida’s Consumer Collections Practices Act (FCCPA), Fair Credit Reporting Act (FCRA), or Telephone Consumer Protection Act (TCPA).