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Judge Grants MTD in FDCPA Case Over Collection Lawsuit

Account Recovery

In a case that was defended by Patrick Newman and Kira Locke from Bassford Remele, a District Court judge in Minnesota has granted a defendant’s motion to dismiss a Fair Debt Collection Practices Act case, because the plaintiff lacked standing on some of her claims, failed to state a claim on others, and should have […]

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Appeals Court Overturns $350k Damages Award Against Collector

Account Recovery

The Court of Appeals for the Seventh Circuit on Friday reversed a jury award of $350,000 against a collector in a Fair Debt Collection Practices Act case over the collection of a time-barred debt, ruling the plaintiff lacked standing. A copy of the ruling in the case of Pierre v.

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Important Updates to the Fair Debt Collection Practices Act

Credit Management Company

Now, there are additional steps you must add to your debt collection practices. Late last year, the Consumer Financial Protection Bureau (CFPB) announced the Final Rule that debt collectors must follow under the Fair Debt Collection Practices Act (FDCPA). Include the right to dispute the debt.

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Collector Reaches $995k Settlement in Collection Letter Lawsuit

Account Recovery

A motion has been filed in a West Virginia federal court to approve a settlement in a class action Fair Debt Collection Practices Act and West Virginia Consumer Credit Protection Act case that will see the defendant pay $995,000 after it was accused of sending letters that did not include updated language required under state … The post Collector (..)

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Judge Dismisses ‘Convenient Communication’ Case for Lack of Standing

Account Recovery

It might not be a ruling on the merits of the plaintiff’s claim, but a District Court judge in New York has dismissed a Fair Debt Collection Practices Act “only convenient way to communicate” case on the grounds the plaintiff did not suffer a concrete injury and does not have standing to sue.

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Appeals Court Upholds Dismissal of FDCPA Case Over Collection of Post-BK Student Loan

Account Recovery

The Court of Appeals for the Third Circuit has affirmed the dismissal of a Fair Debt Collection Practices Act case against a student loan servicer for continuing to attempt to collect a student loan debt after it had been discharged in bankruptcy because the plaintiff failed to follow the proper procedure.

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California Appeals Court Overturns Defendant’s Anti-SLAPP Win in RFDCPA Case

Account Recovery

A California Appeals Court has overturned a ruling in favor of a debt collector that was sued for violating the Rosenthal Fair Debt Collection Practices Act by not properly serving the plaintiff with a summons and complaint in an underlying collection lawsuit, with the panel ruling that the plaintiff is not obligated to pay the … The post California (..)