Remove Debt collector Remove Fair Debt Collection Remove Judgment
article thumbnail

Judge Grants Defendant’s Motion for Judgment in FCRA, FDCPA Case

Account Recovery

Is it possible for an individual to sue a debt collector for violating the Fair Credit Reporting Act and Fair Debt Collection Practices Act for allegedly attempting to collect a debt that the individual believes he did not owe, when the individual took no action against the original creditor for placing the allegedly illegitimate debt … The post (..)

Judgment 243
article thumbnail

Appeals Court Upholds Ruling Denying Defendant’s Request for Relief of Judgment in FDCPA Case

Account Recovery

The Court of Appeals for the Ninth Circuit has affirmed a lower court’s ruling denying a debt collector’s motion for relief from a judgment because of “gross negligence” by its attorney for failing to respond to a motion for summary judgment filed by the plaintiff in a Fair Debt Collection Practices Act lawsuit that ultimately (..)

Judgment 246
Insiders

Sign Up for our Newsletter

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

article thumbnail

Daily Digest – November 12. Judge Grants Defendant’s Motion for Judgment in FDCPA, FCRA Case; Hunstein Defendant Asks for Extension

Account Recovery

Judge Grants Defendant’s Motion for Judgment in FDCPA, FCRA Case; Hunstein Defendant Asks for Extension appeared first on AccountsRecovery.net.

Judgment 246
article thumbnail

Judge Grants MSJ for Defendant in FDCPA Case Over Time that Email Was Sent/Received

Account Recovery

The plaintiff claimed that this late-hour email violated both the FDCPA and the Florida Consumer Collection Practices Act (FCCPA), which restrict communications with consumers outside certain hours. Specifically, under both acts, a debt collector may not communicate with a consumer between 9 p.m. The ruling: Judge David S.

article thumbnail

Judge Partially Grants MSJ for Plaintiff in FDCPA Case

Account Recovery

A Magistrate Court judge in Nevada has partially granted a plaintiff’s motion for summary judgment in a Fair Debt Collection Practices Act case — but only on the grounds that there are no genuine issues of material fact that the plaintiff is a consumer, the defendant is a debt collector, and the debt in question …

article thumbnail

Judge Rules Debt Buyer Vicariously Liable for Actions of Collection Law Firm in FDCPA, RFDCPA Case

Account Recovery

The background: The case arose from an attempt to collect a debt owed by the plaintiff, who had defaulted on a loan that was later purchased by the defendant, a debt buyer. In October 2020, MLG filed a collection complaint against the plaintiff in the San Diego Superior Court. The ruling: In this ruling, Judge Anthony J.

Law Firms 130
article thumbnail

Appeals Court Affirms Ruling for Defendants in FDCPA Case

Account Recovery

The Fourth Circuit Court of Appeals has affirmed a District Court’s dismissal of a lawsuit filed under the Fair Debt Collection Practices Ac. The plaintiff claimed that a debt collector violated the FDCPA by improperly serving a summons and complaint to the wrong address, obtaining a default judgment, and garnishing her wages.