Account Recovery

AUGUST 16, 2022

In a case that was defended by the team at Malone Frost Martin, the Court of Appeals for the Fifth Circuit has overturned certification of a Fair Debt Collection Practices Act class action, ruling that the plaintiff lacked standing to file her lawsuit because she did not suffer a concrete injury after receiving a collection … The post Appeals (..)

Fair Debt Collection 246

Fair Debt Collection Collections 246

Account Recovery

AUGUST 22, 2022

A District Court judge in Texas has denied motions to dismiss filed by three defendants in a Fair Debt Collection Practices Act case, ruling that the one defendant who claimed not to have been properly served with the summons and complaint was, that all of the defendants can be sued in Texas because that is … The post Judge Denies MTD in FDCPA (..)

Fair Debt Collection 246

Fair Debt Collection Collections 246

Account Recovery

JULY 14, 2022

A District Court judge in Illinois has granted a defendant’s motion for summary judgment in a Fair Debt Collection Practices Act case, illustrating why it’s a good decision sometimes to take the extra steps of going through discovery instead of attempting to win on a motion to dismiss, while also potentially providing some ammunition for (..)

Fair Debt Collection 246

Fair Debt Collection Judgment Collections Financial services 246

Account Recovery

OCTOBER 3, 2022

A District Court judge in Oklahoma has granted a defendant’s motion to dismiss a Fair Debt Collection Practices Act case, ruling the defendant did not violate the statute because it failed to notify the original creditor that the debt had been disputed by the plaintiff.

Creditors 246

Creditors Fair Debt Collection Original Creditor Collections 246

Account Recovery

SEPTEMBER 9, 2022

The Consumer Financial Protection Bureau wants debt collectors to know that if they are collecting or attempting to collect debts on behalf of nursing home clients that require caregivers to personally guarantee payment of a resident’s bills — which violates federal law — the collector may be in violation of the Fair Debt Collection (..)

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Fair Debt Collection Debt collector Collections 246

Account Recovery

AUGUST 19, 2022

A defendant has filed a motion to dismiss a Fair Debt Collection Practices Act class-action lawsuit, arguing that the plaintiff does not have standing to sue because she did not suffer any damages when she received a collection letter offering to settle the debt for less than the full amount owed because she did not … The post Defendant Files (..)

Fair Debt Collection 246

Fair Debt Collection Collections 246

Account Recovery

SEPTEMBER 15, 2022

A District Court judge in New York has granted a defendant’s motion to dismiss after it was sued for violating the Fair Credit Reporting Act, the Fair Debt Collection Practices Act, and the Telephone Consumer Protection Act for allegedly placing more than 200 calls to try and collect on a debt and falsely reporting incorrect … The post (..)

Fair Debt Collection 246

Fair Debt Collection Collections 246

Account Recovery

SEPTEMBER 7, 2022

The Eighth Circuit Court of Appeals has upheld a lower court’s ruling in favor of a defendant that was sued by an attorney for violating the Fair Debt Collection Practices Act because he was sent a letter identifying him as the attorney for a consumer named in the letter, when, in fact, he was not … The post Appeals Court Rules Third-Party (..)

Fair Debt Collection 246

Fair Debt Collection Collections 246

Account Recovery

JULY 13, 2022

A District Court judge in Illinois has granted a plaintiffs’ motion for a temporary restraining order and preliminary injunction that orders the defendant in a Fair Debt Collection Practices Act case to … The post Judge Grants TRO Against Defendant in FDCPA Case appeared first on AccountsRecovery.net.

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Fair Debt Collection Collections Law Firms 246

Account Recovery

NOVEMBER 1, 2022

A District Court judge in Nevada has dismissed – with prejudice – a plaintiff’s class-action complaint that a defendant violated the Fair Debt Collection Practices Act by filing renewals for a judgment on an untimely basis, ruling that the defendant renewed the judgments within the window set forth by state law.

Judgment 246

Judgment Fair Debt Collection Collections 246

Account Recovery

JULY 29, 2022

A District Court judge in New Jersey has denied a defendant’s motion to dismiss and a motion for sanctions against the plaintiff in a Fair Debt Collection Practices Act case that is accusing a law firm of improperly adding a collection fee in an itemization table included in a summons that was attempting to recover … The post Judge Denies (..)

Fair Debt Collection 246

Fair Debt Collection Law Firms Collections 246

Account Recovery

SEPTEMBER 13, 2022

A District Court judge in California has dismissed a Fair Debt Collection Practices Act case, ruling the plaintiff lacked standing to sue because she did not suffer a concrete injury based on receiving a letter that allegedly used the wrong pronoun and by stating it was not obligated to renew an offer made to settle … The post Judge Dismisses (..)

Fair Debt Collection 49

Fair Debt Collection Collections 49

Account Recovery

NOVEMBER 14, 2022

A District Court judge in New Jersey has dismissed a Fair Debt Collection Practices Act case, ruling the plaintiff does not have standing to sue after accusing the defendant of adding a collection charge to the amount owed before the debt was collected and because the defendant’s logo could be seen through the glassine window … The post (..)

Fair Debt Collection 245

Fair Debt Collection Collections 245

Account Recovery

AUGUST 31, 2022

The number of lawsuits alleging violations of the Fair Credit Reporting Act, Fair Debt Collection Practices Act, and the Telephone Consumer Protection Act continue to plummet, as do the … The post Lawsuit Volume, Complaint Totals Keep Falling: WebRecon appeared first on AccountsRecovery.net.

Accounts Receivables Management 243

Accounts Receivables Management Fair Debt Collection Collections 243

Account Recovery

SEPTEMBER 6, 2022

A District Court judge in Illinois has granted a defendant’s motion for summary judgment in a Fair Debt Collection Practices Act case involving how the defendant, and the original creditor, came to be in possession of the plaintiff’s husband’s Social Security number.

Fair Debt Collection 246

Fair Debt Collection Original Creditor Judgment Creditors 246

Account Recovery

OCTOBER 11, 2022

A District Court judge in Pennsylvania has granted a defendant’s motion for summary judgment after it was sued for violating the Fair Credit Reporting Act and the Fair Debt Collection Practices Act by allegedly reporting inaccurate information to the credit reporting agencies and allegedly failing to produce the requested information when the (..)

Fair Debt Collection 246

Fair Debt Collection Judgment Collections 246

Account Recovery

JULY 15, 2022

A District Court judge in California has denied a defendant’s motion to compel arbitration in a Fair Debt Collection Practices Act case, ruling that the collection law firm’s actions were independent of the original creditor, and thus not subject to the original agreement’s arbitration clause.

Fair Debt Collection 246

Fair Debt Collection Law Firms Original Creditor Creditors 246

Account Recovery

AUGUST 9, 2022

A District Court judge has granted a defendant’s motion for summary judgment in a Fair Debt Collection Practices Act case, ruling that a voicemail it sent out to all its customers a few months after the start of the COVID-19 pandemic was not a communication in connection with the collection of a debt, even though … The post Judge Grants (..)

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Fair Debt Collection Judgment Collections Loans 246

Account Recovery

SEPTEMBER 26, 2022

The threshold for establishing that you suffered a concrete injury in violation of the Fair Debt Collection Practices Act upon receiving a collection letter may be higher than its ever been for a plaintiff, but I think everyone can agree that claiming you did not even appear to read it is going to cause problems … The post Not Reading Collection (..)

Fair Debt Collection 246

Fair Debt Collection Collections 246

Account Recovery

SEPTEMBER 20, 2022

The Court of Appeals for the Third Circuit yesterday upheld a lower court’s dismissal of a Fair Debt Collection Practices Act case, ruling that a debt buyer was not required to be licensed under a state law in Pennsylvania when it attempted to collect interest that had accrued at a rate of 23% under the … The post Appeals Court Upholds (..)

Fair Debt Collection 246

Fair Debt Collection Collections 246

Account Recovery

OCTOBER 14, 2022

In what feels like a “three people who have never been in my kitchen” claim, a District Court judge in Pennsylvania has granted a motion to dismiss filed by two debt collection companies that were sued for allegedly violating the Fair Debt Collection Practices Act and the Fair Credit Reporting Act, on the grounds that … The post Lack (..)

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Fair Debt Collection Collection Companies Collections 246

Account Recovery

NOVEMBER 2, 2022

A District Court judge in Illinois has granted a defendant’s motion for summary judgment in a Fair Debt Collection Practices Act case, ruling that a letter sent to the plaintiff in response to a dispute does not constitute a communication in connection with the collection of a debt.

Fair Debt Collection 246

Fair Debt Collection Judgment Collections 246

Account Recovery

OCTOBER 25, 2022

A District Court judge in California has denied a plaintiff’s request to remand a Fair Debt Collection Practices Act case to state court, ruling the plaintiffs have standing to sue because an FDCPA cause of action was “undeniably” alleged in the complaint. A copy of the ruling in the case of Ramirez et al.

Fair Debt Collection 246

Fair Debt Collection Collections 246

Account Recovery

NOVEMBER 14, 2022

JUDGE DISMISSES FDCPA CLASS ACTION FOR LACK OF STANDING A District Court judge in New Jersey has dismissed a Fair Debt Collection Practices Act case, ruling the plaintiff does not have standing to sue after accusing the defendant of adding a collection charge to the amount owed before the debt was collected and because the … The post Daily Digest (..)

Fair Debt Collection 246

Fair Debt Collection Collections 246

Account Recovery

AUGUST 5, 2022

A copy of the … The post Judge Partially Grants MSJ for Plaintiff in FDCPA Case Over Collecting Incorrect Amount appeared first on AccountsRecovery.net.

Fair Debt Collection 246

Fair Debt Collection Collections Judgment Creditors 246

Account Recovery

AUGUST 3, 2022

In a case involving a claim that a defendant violated one of the provisions of Regulation F, a District Court judge in New York has dismissed a Fair Debt Collection Practices Act case, ruling the plaintiff lacked standing to sue after receiving a letter that, among other issues, failed to include an itemization of the … The post Judge Dismisses (..)

Fair Debt Collection 244

Fair Debt Collection Collections 244

Account Recovery

AUGUST 15, 2022

A District Court judge in New Jersey has granted a defendant’s motion to dismiss a Fair Debt Collection Practices Act class-action lawsuit, ruling that disclosures related to check processing and the balance that was due did not violate the statute. A copy of the ruling in the case of Hirschman v.

Fair Debt Collection 246

Fair Debt Collection Collections 246

Account Recovery

OCTOBER 17, 2022

A District Court judge in Illinois has granted a plaintiff’s motion to remand a Fair Debt Collection Practices Act case back to state court, but in doing so made some comments that I found to at least make the ruling more enjoyable to read, if not also being possibly incredibly helpful for the defendants going … The post Judge Remands FDCPA (..)

Fair Debt Collection 245

Fair Debt Collection Collections 245

Account Recovery

SEPTEMBER 23, 2022

A District Court judge in Maryland has largely granted a defendant’s motion for summary judgment in a Fair Debt Collection Practices Act and Fair Credit Reporting Act case, but did deny the motion on two counts, dealing with how the plaintiff alleged she was treated by representatives of the defendant, which include allegedly calling the … (..)

Fair Debt Collection 245

Fair Debt Collection Judgment Collections 245

Account Recovery

AUGUST 10, 2022

The Court of Appeals for the Tenth Circuit has upheld the dismissal of a Fair Debt Collection Practices Act case, ruling that an alleged false or misleading communication must be material in order to be considered a violation of the statute, but also took a deep dive on the different definitions that have been created … The post Appeals Court (..)

Fair Debt Collection 245

Fair Debt Collection Collections 245

Account Recovery

NOVEMBER 11, 2022

A California Appeals Court has affirmed a lower court’s ruling denying a defendant’s motion to compel arbitration in a Rosenthal Fair Debt Collection Practices Act case, after a lower court determined the defendant did not meet its burden of proving the existence of an arbitration agreement between the original creditor and the plaintiff. (..)

Fair Debt Collection 245

Fair Debt Collection Original Creditor Creditors Collections 245

Account Recovery

SEPTEMBER 1, 2022

A District Court judge in Indiana has granted a defendant’s motion for summary judgment in a Fair Debt Collection Practices Act case, ruling the plaintiff did not suffer a concrete injury after receiving two collection letters from the defendant on the same day — each signed by a different attorney.

Fair Debt Collection 245

Fair Debt Collection Collections Judgment 245

Account Recovery

NOVEMBER 7, 2022

Any case where a motion to remand back to state court is denied seems like it’s worth writing about these days … A District Court judge in New York has denied a plaintiff’s motion to remand a Fair Debt Collection Practices Act case back to state court, rebuffing the plaintiff’s argument that remand was required … The post (..)

Fair Debt Collection 245

Fair Debt Collection Collections 245

Account Recovery

OCTOBER 5, 2022

In a case that demonstrates the importance of having solid policies and procedures, a District Court judge in New York has granted a defendant’s motion for summary judgment after it was accused of violating the Fair Credit Reporting Act and the Fair Debt Collection Practices Act by allegedly furnishing inaccurate information to the credit reporting (..)

Fair Debt Collection 246

Fair Debt Collection Judgment Collections 246

Account Recovery

SEPTEMBER 19, 2022

A District Court judge in Kentucky has granted a defendant’s motion to dismiss a Fair Debt Collection Practices Act case, ruling the plaintiff’s anxiety and confusion after receiving a collection letter does not give the plaintiff standing to file her lawsuit.

Fair Debt Collection 245

Fair Debt Collection Collections 245

Account Recovery

SEPTEMBER 8, 2022

A District Court judge in California has denied a motion to remand a Fair Debt Collection Practices Act class-action lawsuit back to state court, ruling that the content of text messages and voicemails sent to the plaintiff by the defendant establish standing for the plaintiff’s claim to remain in federal court.

Fair Debt Collection 246

Fair Debt Collection Collections 246

Account Recovery

JULY 19, 2022

CLASS-ACTION ACCUSES COLLECTOR OF VIOLATING FDCPA, FCCPA BY ADDING ‘ILLEGAL’ COLLECTION FEE A class-action lawsuit has been filed against a collection agency, accusing it of violating the Fair Debt Collection Practices Act and the Florida Consumer Collection Practices Act because it allegedly added an “illegal” collection fee that represented (..)

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Fair Debt Collection Collections Agency Collection Agencies Consumer Collections 246