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Judge Vacates Default Judgment Against Defendant in FDCPA Suit

Account Recovery

DECEMBER 9, 2022

A District Court judge in Indiana has granted a motion to vacate a default judgment that was entered against a defendant in a Fair Debt Collection Practices Act case, ruling that the plaintiff never properly served the defendant with the summons and complaint, after the defendant removed the case to federal court.

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Appeals Court Vacates Judgment for Plaintiff in FDCPA Case

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DECEMBER 15, 2020

The Court of Appeals for the Eighth Circuit has vacated a judgment in favor of a plaintiff who alleged a debt buyer violated the Fair Debt Collection Practices Act because the collection agency it used to collect on an unpaid debt contacted the plaintiff even though she was represented by an attorney — a fact … The post Appeals Court Vacates (..)

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Judge Grants MTD in FDCPA Class Action Over Judgment Renewals

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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.

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Judge Sets Aside Default Judgment Against Defendant in FDCPA Case

Account Recovery

NOVEMBER 23, 2022

A District Court judge in North Carolina has granted a defendant’s motion for relief from judgment on the grounds that a default judgment obtained by the plaintiff in a Fair Debt Collection Practices Act case is void due to lack of service of process. A copy of the ruling in the case of Becvar v.

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Judge Certifies Class in FDCPA Suit Over Threat of Judgment

Account Recovery

APRIL 29, 2022

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 (..)

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

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OCTOBER 22, 2021

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 (..)

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

Account Recovery

NOVEMBER 12, 2021

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 (..)

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Judge Grants Defendant’s Motion for Judgment on Pleadings in ‘Imposter’ Case

Account Recovery

SEPTEMBER 16, 2021

A District Court judge has granted a defendant’s motion for judgment on the pleadings after it was sued by a brother and sister for allegedly violating the Fair Debt Collection Practices Act by discussing the sister’s debt with the brother, but only after the brother used the sister’s personal information — the last four digits (..)

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Judge Grants Summary Judgment for Defendant in FDCPA Case Over Multiple Addresses on Payment Coupon

Account Recovery

MARCH 15, 2022

In a case that was defended by Rick Perr and Monica Littman of Kaufman Dolowich & Voluck, a District Court judge in New York has granted a defendant’s motion for summary judgment in a class-action Fair Debt Collection Practices Act case, ruling the plaintiff lacked standing to sue because he did not suffer a concrete … The post Judge (..)

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Judge Grants Motion for Judgment in Favor of Defendant Over Interest Disclosure, Settlement Offer Expiration in Letter

Account Recovery

APRIL 11, 2022

In a case that was defended by the team at Malone Frost Martin, a District Court judge has granted a defendant’s motion for judgment on the pleadings in a Fair Debt Collection Practices class action after alleging that the amount owed listed in a collection letter was lower than it should have been and that … The post Judge Grants Motion (..)

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Appeals Court Vacates Summary Judgment Award in FDCPA Case, Dismisses for Lack of Standing Instead

Account Recovery

OCTOBER 7, 2024

The background: The plaintiff, a former tenant, filed the lawsuit against after receiving a letter from the defendant offering to settle her outstanding rent debt for roughly half the amount owed.

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Daily Digest – April 5. Judge Rules Subrogation Claim Not a ‘Debt’; CUs Sue N.Y. Over Post-Judgment Interest Law

Account Recovery

APRIL 5, 2022

Judge Rules Subrogation Claim Not a ‘Debt’; CUs Sue N.Y. Over Post-Judgment Interest Law appeared first on AccountsRecovery.net.

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

Account Recovery

NOVEMBER 12, 2021

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

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Judge Partially Grants MTD in FDCPA Case Over ‘Improper’ Default Judgment Motion in Underlying Collection Suit

Account Recovery

MAY 17, 2022

A District Court judge in Kentucky has partially granted and partially denied a collection attorney’s motion to dismiss a Fair Debt Collection Practices Act lawsuit, ruling that the attorney’s motion for default judgment in an underlying collection case was “improper” because the plaintiff had filed a response to the suit.

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Daily Digest – December 28. Judge Grants MTD in FDCPA Case Over MVN; NCLC Grades States on Judgment Protections

Account Recovery

DECEMBER 28, 2022

JUDGE GRANTS MTD IN FDCPA CASE OVER LACK OF INTEREST DISCLOSURE ON MVN We were so close to what I think would have been our first ruling on the safe harbor of using the Model Validation Notice, but a District Court judge in Utah ruled a plaintiff lacked standing to pursue his Fair Debt Collection … The post Daily Digest – December 28.

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Judge Grants Motion to Set Aside Default Judgment in FDCPA, FCRA Case Over Complaint Sent to Empty Office

Account Recovery

JANUARY 23, 2023

The post Judge Grants Motion to Set Aside Default Judgment in FDCPA, FCRA Case Over Complaint Sent to Empty Office appeared first on AccountsRecovery.net.

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Judge Grants Default Judgment For Plaintiff in FDCPA Case, But Denies Request for $25k in Emotional Distress Damages

Account Recovery

OCTOBER 15, 2021

Receiving one phone call and six messages from a collector after notifying it that she was being represented by an attorney is not enough to warrant the $25,000 in emotional distress being sought by the plaintiff in a Fair Debt Collection Practices Act case, ruled a Magistrate Judge, saying that the amount was “pulled out … The post Judge (..)

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Judge Grants Judgment for Defendant in FDCPA Case Over Garnishment from Joint Bank Account

Account Recovery

DECEMBER 16, 2022

The post Judge Grants Judgment for Defendant in FDCPA Case Over Garnishment from Joint Bank Account appeared first on AccountsRecovery.net.

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Judge Grants Partial Summary Judgment to Both Sides in FDCPA Case Over Judgment

Account Recovery

AUGUST 7, 2024

A District Court judge in Nevada has granted partial summary judgment to both the plaintiff and the defendant in a Fair Debt Collection Practices Act case, ruling that while the defendant’s actions in obtaining a default judgment were improper, the subsequent attempts to collect the debt were permissible under the law.

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Judge Dismisses FDCPA Case Over SOL on Judgment

Account Recovery

DECEMBER 2, 2024

Today’s webinar just happens to be on the topic of legal collections (register here) so it’s entirely timely to write about a court ruling involving a judgment. The background: The plaintiff alleged that the defendant violated the FDCPA by failing to notify him that the debt in question was time-barred.

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Judge Denies Competing Summary Judgment Motions in FDCPA Case Over BK

Account Recovery

FEBRUARY 23, 2024

A Magistrate Court judge in Illinois has denied competing summary judgment motions in a Fair Debt Collection Practices Act case, ruling the plaintiff failed to follow proper procedure and that the defendant is not entitled to the FDCPA’s bona fide error defense that it initiated collection activity on a debt that had been discharged in […] (..)

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Calif. Appeals Court Overturns Ruling in Favor of Collector That Stapled Note to Summons

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AUGUST 24, 2022

A California Appeals Court has overturned a summary judgment ruling in favor of a collector that was sued for violating the Fair Debt Collection Practices Act and the Rosenthal Fair Debt Collection Practices Act by stapling a note to a court-provided summons, … The post Calif.

Judge Grants MSJ For Defense on 6 of 7 Counts in FDCPA Case

Account Recovery

FEBRUARY 16, 2021

A District Court judge in New York has granted a defendant’s motion for summary judgment on six of the seven counts in a lawsuit claiming a letter it sent to the plaintiff violated several sections of the Fair Debt Collection Practices Act, but denied summary judgment motions from both sides on the remaining count that … The post Judge (..)

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Appeals Court Affirms Ruling in One Case, Overturns Ruling in Another, Over BFE Defense

Account Recovery

FEBRUARY 3, 2022

The Court of Appeals for the Seventh Circuit affirmed one summary judgment ruling in favor of a defendant that was sued for violating the Fair Debt Collection Practices Act yesterday while overturning a separate summary judgment ruling, concluding that one defendant was entitled to the FDCPA’s bona fide error defense while the other should not (..)

Judge Grants $71k in Legal Fees in FDCPA Case

Account Recovery

NOVEMBER 22, 2021

A District Court judge in New Jersey has granted a plaintiff’s motion for more than $71,000 in attorney’s fees — exactly what the plaintiff was asking for — after the plaintiff agreed to an offer of judgment in a Fair Debt Collection Practices Act case.

Appeals Court Affirms Ruling for Defendant in FDCPA Case

Account Recovery

JANUARY 12, 2023

The Court of Appeals for the Third Circuit has upheld a lower court’s summary judgment ruling in favor of a defendant that was sued for violating the Fair Debt Collection Practices Act when it attempted to collect on a judgment that was later vacated. A copy of the ruling in the case of Lowe v.

Judge Partially Grants Defendant’s MSJ in FDCPA Case Over Location Information Calls

Account Recovery

JULY 27, 2022

A District Court judge in New York has partially granted a defendant’s motion for summary judgment, denied the plaintiff’s motion for summary judgment in a Fair Debt Collection Practices Act case involving a pair of location information calls that were placed to the plaintiff’s mother.

Daily Digest – July 27. Judge Partially Grants MSJ for Defendant in FDCPA Case; Lender to Pay $19M For Credit Reporting ‘Failures’

Account Recovery

JULY 27, 2022

JUDGE PARTIALLY GRANTS DEFENDANT’S MSJ IN FDCPA CASE OVER LOCATION INFORMATION CALLS A District Court judge in New York has partially granted a defendant’s motion for summary judgment, denied the plaintiff’s motion for summary judgment in a Fair Debt Collection Practices Act case involving a pair of location information calls that were placed (..)

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Judge Reverses Course, Undoes Certification, MSJ for Plaintiff in FDCPA Case Over Creditor ID in Letter

Account Recovery

APRIL 28, 2021

In a case that was defended by Jin Shin and the team at Malone Frost Martin, a District Court judge in Illinois has reversed himself and granted a defendant’s motion for reconsideration, undoing class certification and summary judgment in favor of the plaintiff, and awarding summary judgment to the defendant in a Fair Debt Collection … (..)

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Judge Certifies Class in FDCPA Suit Over Post-Judgment Interest

Account Recovery

MARCH 5, 2024

A District Court judge in Michigan has certifies a class in a Fair Debt Collection Practices Act case accusing a collection law firm of charging excessive post-judgment interest on dozens of debt collection lawsuits across the state. In three of the cases, […]

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Judge Partially Grants MSJ for Plaintiff in FDCPA Case

Account Recovery

MAY 15, 2023

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 …

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Judge Grants Summary Judgment for Plaintiff on FDCPA Wrongful Garnishment Claim

Account Recovery

MARCH 11, 2024

A District Court judge in Missouri has granted a plaintiff’s motion for summary judgment that the defendant violated the Fair Debt Collection Practices Act by “significantly overstating” how much the plaintiff owed when garnishing her wages in attempting to collect on a judgment in had obtained, but did grant the defendant’s (..)

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Judge Grants Defense’s MSJ in FDCPA Case Over DOFD

Account Recovery

OCTOBER 19, 2023

A District Court judge in Kentucky has granted a defendant’s motion for summary judgment and denied a plaintiff’s motion for the same in a Fair Debt Collection Practices Act case that centers around the Date of First Delinquency and its materiality in inducing the plaintiff to pay off the debt in question.

Judge Grants MSJ for Plaintiff in FDCPA Case Over Expired Judgment

Account Recovery

JULY 29, 2024

A District Court judge in Washington has denied a defendant’s motion for summary judgment and granted the plaintiff’s motion in a Fair Debt Collection Practices Act case revolving around the alleged expiration of a judgment. The Background: The defendant was assigned an account back in 2011.

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Appeals Court Upholds Win For Defendant in FDCPA Case

Account Recovery

AUGUST 17, 2021

The Court of Appeals for the Sixth Circuit yesterday overturned a summary judgment ruling in favor of a collector in a Fair Debt Collection Practices Act case, but only to remand the case back to the District Court with instructions to dismiss it instead, because the plaintiff lacked standing to bring his suit in the … The post Appeals Court (..)

Judge Denies Competing Motions in FDCPA, TCPA Case

Account Recovery

MARCH 23, 2022

A District Court Judge in Nevada has denied competing motions for judgment on the pleadings filed by both the plaintiff and defendant in a Fair Debt Collection Practices Act and Telephone Consumer Protection Act case about calls that were made to the plaintiff by the defendant after the debt had been settled.

Judge Blocks FTC’s Attempts to Collect on $1.5M Judgment

Account Recovery

AUGUST 1, 2024

A District Court judge in Nevada has blocked the Federal Trade Commission’s attempt to use the Fair Debt Collection Practices Act to collect on a judgment against a defendant in an enforcement action, who was found liable by a judge back in 2013 for $1.5

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Judge Denies Competing Summary Judgment Motions in FDCPA Case

Account Recovery

FEBRUARY 20, 2024

A District Court judge in Washington has denied competing motions for summary judgment in a Fair Debt Collection Practices Act case that stretches back more than 13 years, ruling that both sides point to facts that could be ruled in their favor, thus leaving it for a jury to decide.

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Judge Grants MSJ in FDCPA Case Involving Hunstein Claim

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 (..)

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Judge Grants MSJ in FDCPA Case Over Disputed Debt

Account Recovery

FEBRUARY 4, 2021

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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Appeals Court Overturns FDCPA Case That Used BFE Defense

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AUGUST 18, 2020

The Ninth Circuit Court of Appeals has overturned a lower court’s ruling that granted summary judgment in favor of a debt collector that was sued for violating the Fair Debt Collection Practices Act because it was entitled to the Bona Fide Error defense, determining that the lower court erred in assessing the BFE test.

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Judge Grants MSJ for Defendant in FDCPA Case Over Collection Letter

Account Recovery

JUNE 11, 2021

A District Court judge in New York has granted a defendant’s motion for summary judgment after it was sued for a laundry list of alleged violations of the Fair Debt Collection Practices Act in a letter that was sent to the plaintiff while also declining a motion from the plaintiff to strike an affidavit and … The post Judge Grants MSJ for (..)

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Appeals Court Upholds MSJ For Plaintiff in FDCPA Case

Account Recovery

FEBRUARY 15, 2021

The Court of Appeals for the Eleventh Circuit has upheld a summary judgment ruling in favor of a plaintiff who sued a collector for violating the Fair Debt Collection Practices Act because she received a collection letter and phone calls seeking to collect on a debt that was the result of a pending worker’s compensation … The post Appeals (..)