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Appeals Court Affirms Ruling Over Default Judgment

Account Recovery

The Court of Appeals for the Eighth Circuit has upheld a ruling in favor of a defendant that was sued for violating the Fair Debt Collection Practices Act, deciding that a default judgment obtained in state court is “conclusive” from the perspective of establishing the facts of a case.

Judgment 130
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Judge Certifies Class in FDCPA Suit Over Threat of Judgment

Account Recovery

A District Court judge in Pennsylvania has certified a class action in a Fair Debt Collection Practices Act lawsuit that accused a defendant of violating the statute by mentioning in a letter that a judgment may be awarded before the expiration of a settlement offer that was being made, even though a collection lawsuit had … The post Judge Certifies (..)

Judgment 243
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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 Partially Grants Defendant’s Motion for Judgment in FDCPA Class Action

Account Recovery

A District Court judge in Texas has partially granted a defendant’s motion for judgment on the pleadings after it was sued for violating the Fair Debt Collection Practices Act in how it attempted to collect on a judgment. A copy of the ruling in the case of Kranz v.

Judgment 147
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Judge Grants Defendant’s MSJ In FDCPA Class over Tax Reporting Language in Letter

Account Recovery

Despite making many arguments to the contrary, a District Court judge in New Jersey has granted summary judgment to the defendant in a Fair Debt Collection Practices Act case, ruling the plaintiffs now lack standing to sue in federal court, even though a class had previously been certified in the case.

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Judge Grants MSJ For Defendant in FDCPA Bona Fide Error Case

Account Recovery

A Magistrate Court judge in Colorado has granted a defendant’s motion for summary judgment in a Fair Debt Collection Practices Act case on the grounds that it was entitled to the “bona fide error” defense after it was accused of misrepresenting the debt that the plaintiff owed.

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Judge Grants MSJ for Defendant in FDCPA Case Over Postage Stamp Standing

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 that the plaintiff lacked standing and that the defendant did not violate the FDCPA.