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Judge Grants MSJ for Plaintiff in FDCPA Case Over Garnishment Order

Account Recovery

A District Court judge in Florida has granted a plaintiff’s motion for summary judgment in a Fair Debt Collection Practices Act case, ruling that a collection law firm used an invalid garnishment order to collect on the subject debt. The decision, issued by Judge William F.

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Appeals Court Upholds Ruling For Plaintiff in FDCPA Case Over Garnishment Jurisdiction

Account Recovery

The Court of Appeals for the Sixth Circuit has affirmed a lower court’s ruling in favor of a plaintiff who accused a collection law firm of violating the Fair Debt Collection Practices Act by obtaining a writ of garnishment in the wrong jurisdiction.

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FTC Sues Perpetrators of Phantom Collection Scheme

Account Recovery

First, they allegedly misrepresented themselves as attorneys or members of a law firm. Second, the FTC claims they violated the Fair Debt Collection Practices Act by failing to disclose that they were acting as debt collectors and by making threats arrest, property liens, and wage garnishment that they could not legally enforce.

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Daily Digest – May 2. Appeals Court Upholds Ruling for Plaintiff in FDCPA Case; New Video Series Launched

Account Recovery

APPEALS COURT UPHOLDS RULING FOR PLAINTIFF IN FDCPA CASE OVER GARNISHMENT JURISDICTION The Court of Appeals for the Sixth Circuit has affirmed a lower court’s ruling in favor of a plaintiff who accused a collection law firm of violating the Fair Debt Collection Practices Act by obtaining a writ of garnishment in the wrong jurisdiction.

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Defendant in FDCPA Case Wins MSJ After Invoking Bona Fide Error Defense

Account Recovery

A District Court judge in Arizona has granted a defendant’s motion for summary judgment in a Fair Debt Collection Practices Act case, ruling that it is entitled to the statute’s bona fide error defense after garnishing a bank account where Social Security payments were deposited to satisfy a judgment.

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Defendant in FDCPA Case Wins MSJ After Invoking Bona Fide Error Defense

Account Recovery

A District Court judge in Arizona has granted a defendant’s motion for summary judgment in a Fair Debt Collection Practices Act case, ruling that it is entitled to the statute’s bona fide error defense after garnishing a bank account where Social Security payments were deposited to satisfy a judgment.

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Compliance Digest – August 26

Account Recovery

Judge Dismisses Remaining FDCPA Claim in BK Case A District Court judge in Illinois has dismissed the remaining claim in a Fair Debt Collection Practices Act case against a defendant, citing a lack of subject matter jurisdiction because the plaintiff lacked standing to sue. Read on to hear what the experts have to say this week.