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Collector Facing FDCPA Class Action For Not Adjusting Post-Judgment Interest Rate

Account Recovery

A collection operation is facing a Fair Debt Collection Practices Act class action lawsuit for not adjusting the post-judgment interest rate after the state of Kentucky changed the maximum rate that could be charged seven years ago, according to a copy of the complaint.

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Judge Grants MSJ for Plaintiff in FDCPA Case Over Garnishment Order

Account Recovery

A District Court judge in Florida has granted a plaintiff’s motion for summary judgment in a Fair Debt Collection Practices Act case, ruling that a collection law firm used an invalid garnishment order to collect on the subject debt. The decision, issued by Judge William F.

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Judge Grants MSJ for Defendant in FDCPA Case Over Dismissal of Collection Lawsuit

Account Recovery

Not necessarily, ruled a District Court judge in Pennsylvania, who granted the operation’s motion for summary judgment after it was sued for allegedly violating the Fair Debt Collection Practices Act. The background: The defendant filed a lawsuit against the plaintiff in 2018 over an alleged credit card debt.

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Judge Grants MSJ for Defendant in FDCPA Case Over Convenient Mode of Communication

Account Recovery

If you have ever listened to an attorney on one of my webinars talk about the differences between filing a motion to dismiss and a motion for summary judgment, they will tell you that the motion for summary judgment allows them to gather evidence, such as deposing the plaintiff.

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Judge Grants Defendant’s MSJ in FDCPA Case Over Alleged Disputed Debt

Account Recovery

A District Court judge in Oregon has granted a defendant’s motion for summary judgment after it was sued for violating the Fair Debt Collection Practices Act because the plaintiff claimed never to have received a demand letter to recover an unpaid credit card debt and because the defendant is allowed to rely on information supplied … The (..)

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Judge Grants MSJ for Defendant in FDCPA Case Over Unremoved Dispute Notification

Account Recovery

A District Court judge in Missouri has granted a defendant’s motion for summary judgment in a Fair Debt Collection Practices Act case, ruling the plaintiff lacked standing to sue after unsuccessfully attempting to have a dispute notation removed from her credit report.

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Judge Grants MSJ for Defendant in FDCPA Case Over Debt Verification

Account Recovery

Nearly a year after getting the ball to the one-yard-line, a District Court judge in Connecticut has finally crossed the goal line, granting a defendant’s motion for summary judgment on the last remaining claim in a Fair Debt Collection Practices Act case over how it attempted to collect on an unpaid credit card debt.