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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.

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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 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.

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Judge Grants MSJ in Separate FDCPA Suit Filed Over Same Account

Account Recovery

A District Court judge in Missouri has granted a defendant’s motion for summary judgment after a plaintiff filed two separate lawsuits related to two different collection letters that she received five months apart attempting to collect on the same debt. A copy of the ruling in the case of Branum v.

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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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Encore to Pay $15M to Settle CFPB Lawsuit

Account Recovery

The Consumer Financial Protection Bureau today announced it has settled a lawsuit it filed last month against Encore Capital Group and its subsidiaries, Midland Funding, Midland Credit Management, and Asset Acceptance Capital Corp. The companies will repay consumers nearly $80,000 and pay a civil fine of $15 million.

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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.