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Judge Certifies Class in FDCPA Case Over Attempts to Enforce Judgment

Account Recovery

A District Court judge in New York has adopted recommendations from a Magistrate Court judge and certified a class in a Fair Debt Collection Practices Act case that has been going on for nearly a decade. Palisades Acquisition XVI et al. A copy of the ruling in the case of McCrobie v. can be accessed […]

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Judge Awards Plaintiff’s Attorneys $100k in FDCPA Case

Account Recovery

A District Court judge in Indiana has rejected a defendant’s request to lower the amount of attorney’s fees awarded in a Fair Debt Collection Practices Act case, because it was the defendants who prolonged the litigation until it became clear that a jury was going to determine whether a “highly sympathetic” plaintiff was entitled (..)

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SDNY Judge Grants MTD in FDCPA Case Over Settlement Language in Letter

Account Recovery

A District Court judge in New York has granted a defendant’s motion to dismiss after it was sued for allegedly violating the Fair Debt Collection Practices Act when it sent four letters to an individual that each offered to settle a debt for 50% of the balance owed, while noting that the defendant was not … The post SDNY Judge Grants MTD (..)

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New York District Court Approves Class Action in FDCPA Case Alleging Improper Debt Assignment Notification

Troutman Sanders

District Court for the Western District of New York granted the plaintiff’s motion for class certification for alleged violations of the Fair Debt Collections Practices Act (FDCPA) relating to an allegedly improper debt assignment notification. The default judgment was later assigned to Palisades Acquisition.

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FDCPA Class-Action Filed Against Debt Buyer, Collector

Account Recovery

A class-action lawsuit has been filed in federal court in New Jersey, alleging that a debt buyer and the collector it hired allegedly violated the Fair Debt Collection Practices Act because it sent a collection letter to an individual without the debt buyer having a proper license to operate in the state, and that the … The post FDCPA Class-Action (..)

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No License? No Standing! District Court Dismisses FDCPA Suit Against Unlicensed Debt Collector For Lack Of Standing

Troutman Sanders

On January 4, the District Court of New Jersey dismissed a Fair Debt Collection Practices Act (FDCPA) complaint against an unlicensed debt collector for lack of standing. the court held that merely receiving a letter from an unlicensed debt collector is insufficient to establish a concrete injury for Article III purposes.

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Third Circuit Broadens Definition of “Debt Collector” under FDCPA to Include Entities That Acquire Debt but Outsource Collection of That Debt

Consumer Finance Watch

a recent precedential decision, the Third Circuit Court of Appeals held an entity whose business is the purchasing of defaulted debts for the purpose of collecting on them falls squarely within the “principal purpose” definition of the Fair Debt Collection Practices Act (“FDCPA”), 15 U.S.C. 18-1042, __ F.3d