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Daily Digest – October 6. Appeals Court Upholds Ruling for Medical Provider in FDCPA False Name Case; USPS Rolling out New Financial Services

Account Recovery

Appeals Court Upholds Ruling for Medical Provider in FDCPA False Name Case; USPS Rolling out New Financial Services appeared first on AccountsRecovery.net.

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Judge Denies Motion from Plaintiff to Reconsider Standing in FDCPA Case

Account Recovery

A Magistrate Court judge in Wisconsin has denied a plaintiff’s motion to alter a judgment which ruled he did not have standing to pursue claims the defendant violated the Fair Debt Collection Practices Act, finding that the plaintiff failed to demonstrate a concrete injury that could be linked to the defendant’s alleged misconduct.

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Judge Grants MSJ in FDCPA Case Involving Hunstein Claim

Account Recovery

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 (..)

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Judge Grants MSJ in FDCPA Case Over Disputed Debt

Account Recovery

A District Court judge in Arkansas has granted a defendant’s motion for summary judgment in a Fair Debt Collection Practices Act case after it was accused of engaging in harassing behavior by sending the same verification letter twice in a month in response to two dispute notices sent by the plaintiff and for not including … The post Judge (..)

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Compliance Digest – March 10

Account Recovery

When obtaining a judgment in a debt collection action and, thereafter, seeking to enforce that judgment, debt collectors must be aware of the EIPA and proceed accordingly. More details here. Pro se complaints should always be evaluated for early motion practice.

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Judge Grants MSJ for Defendant in FDCPA Class-Action Over 1099C Language in Letter

Account Recovery

In a case that was defended by Rick Perr of Kaufman Dolowich & Voluck, a District Court judge in New Jersey has granted a defendant’s motion for summary judgment in a Fair Debt Collection Practices Act class-action lawsuit over the 1099C language in a collection letter, ruling that the disclosure used was not a false, … The post Judge (..)

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Appeals Court Affirms Ruling for Defendants in FDCPA Case

Account Recovery

The Court of Appeals for the Third Circuit has upheld a summary judgment ruling in favor of the defendants in a Fair Debt Collection Practices Act case, ruling that the plaintiff’s claims were outside the FDCPA’s one year statute of limitations and his attempt to request verification of the debt “was untimely by many years.”