Account Recovery

APRIL 22, 2024

A District Court judge in New Jersey has denied a plaintiff’s motion to certify a class in a Fair Debt Collection Practices Act lawsuit, ruling the choice of law provisions in the underlying agreement make it impossible to determine on a class-wide basis which statute of limitations apply to the underlying debt.

Fair Debt Collection 130

Fair Debt Collection Collections 130

Account Recovery

APRIL 19, 2024

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.”

Fair Debt Collection 147

Fair Debt Collection Judgment Collections Financial services 147

Account Recovery

APRIL 17, 2024

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.

Fair Debt Collection 147

Fair Debt Collection Collections Credit Management 147

Troutman Sanders

SEPTEMBER 18, 2023

The class action complaint alleged that the defendant violated California’s Rosenthal Fair Debt Collection Practices Act (RFDCPA) and several other state consumer protection statutes. The plaintiff filed a class action lawsuit on behalf of himself and similarly situated consumers.

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Fair Debt Collection Collections Consumer Credit Collection Agent 52

Account Recovery

APRIL 19, 2024

The Court of Appeals for the Ninth Circuit has upheld a lower court’s order compelling arbitration in a Fair Debt Collection Practices Act class-action case, ruling that the defendant purchased the rights of the contract governing the underlying debt as well as purchasing the debt itself.

Fair Debt Collection 130

Fair Debt Collection Government Collections 130

Account Recovery

FEBRUARY 23, 2022

A bill has been introduced in Congress that would expand the Fair Debt Collection Practices Act to cover small business debts in order to protect those companies from “harassment” by third-party debt collectors, according to the bill’s sponsor.

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Third-party Debt Collectors Fair Debt Collection Debt collector Collections 246

Burt and Associates

AUGUST 22, 2019

For your information is available the 2019 Fair Debt Collection Practices Act. The Federal Trade Commission (FTC) is the nation’s consumer protection agency. The FTC works to prevent fraudulent, deceptive and unfair business practices in the marketplace. FDCPA 2019.

Fair Debt Collection 40

Fair Debt Collection Collections Trade Education 40

Account Recovery

APRIL 18, 2024

A District Court judge in New York has granted a defendant’s motion to dismiss a Fair Debt Collection Practices Act case, ruling that the communication alleged to have violated the statute does not meet the threshold for being a communication in connection with the collection of a debt.

Fair Debt Collection 130

Fair Debt Collection Collections 130

Account Recovery

JANUARY 12, 2024

A District Court judge in Ohio has dismissed a Fair Debt Collection Practices Act case because the plaintiff lacked standing to sue, even though he did allege some claims that have been considered sufficient for standing in the past (at least to my non-lawyer eyes).

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Fair Debt Collection Lawyers Collections 246

Account Recovery

APRIL 11, 2024

Seven years after the complaint was initially filed, a District Court judge in New Jersey has adopted a Magistrate Court judge’s recommendation to dismiss a Fair Debt Collection Practices Act class-action lawsuit because the plaintiffs lacked standing to sue after allegedly receiving initial collection letters that did not include the validation (..)

Fair Debt Collection 147

Fair Debt Collection Collections Credit Management 147

Credit Management Company

FEBRUARY 23, 2021

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).

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Fair Debt Collection Debt collector Collections Healthcare 52

Account Recovery

APRIL 24, 2024

In most Fair Debt Collection Practices Act cases that are started in state court and then removed to federal court, it is the defendant — usually a collection operation of some kind — that is seeking to have the case heard before a federal judge. This time, it’s the other way around.

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Fair Debt Collection Collections Banks 130

Account Recovery

APRIL 4, 2024

It’s not a ruling on the merits of sending an undated Model Validation Notice, but a District Court judge — this time in California — has dismissed a plaintiff’s Fair Debt Collection Practices Act class action, ruling that the plaintiff did not suffer a concrete injury and thus does not have standing to sue.

Fair Debt Collection 147

Fair Debt Collection Collections 147

Account Recovery

DECEMBER 29, 2023

A California state Appeals Court has reversed a lower court’s decision awarding more than $20,000 in attorney fees to the plaintiff in a Rosenthal Fair Debt Collection Practices Act case, concluding that the defendant did not receive enough notice and opportunity to be heard before the fee was awarded sua sponte as a discovery sanction. […] (..)

Fair Debt Collection 130

Fair Debt Collection Collections 130

Account Recovery

MARCH 29, 2024

A Magistrate Court judge in Texas has recommended that a defendant’s motion to dismiss a Fair Debt Collection Practices Act be granted after it was sued for sending a letter to the plaintiff who had indicated that the only convenient way to contact him was via email.

Fair Debt Collection 147

Fair Debt Collection Collections 147

Burr Forman

SEPTEMBER 3, 2021

The Seventh Circuit reasoned Plaintiff’s lack of Article III standing with respect to her claims brought pursuant to the Fair Debt Collection Practices Act (“FDCPA”), 15 U.S.C. § § 1692 et seq. Kross, Lieberman & Stone, Inc. , 19-1400, 2021 WL 3877930 (7th Cir.

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Fair Debt Collection Judgment Collections Debt collector 52

Account Recovery

APRIL 10, 2024

A District Court judge in Illinois has denied competing motions for sanctions against the attorneys representing the plaintiff and the defendant in a Fair Debt Collection Practices Act case after the plaintiff’s attorney purportedly continued to prosecute the case after it became clear the plaintiff lacked standing and because the defendant’s (..)

Fair Debt Collection 130

Fair Debt Collection Collections Financial services 130

Account Recovery

APRIL 23, 2021

The House of Representatives has passed a bill aimed at amending the Fair Debt Collection Practices Act to provide additional protections to servicemembers. 1491, the Fair Debt Collection Practices for Servicemembers Act, was introduced in March by Rep, Madeleine Dean [D-Penn.]. The bill, H.R.

Fair Debt Collection 246

Fair Debt Collection Collections 246

Account Recovery

APRIL 8, 2024

A Utah Appeals Court has affirmed the lower court’s summary judgment ruling in favor of a defendant that was sued for violating the Fair Debt Collection Practices Act because it filed a collection lawsuit against the plaintiff when it was not licensed under the Utah Collection Agency Act.

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Fair Debt Collection Collection Agencies Collections Agency Judgment 130

Account Recovery

APRIL 8, 2024

A District Court judge in Pennsylvania has granted a defendant’s motion for summary judgment on seven of the nine violations of the Fair Debt Collection Practices Act it allegedly committed, denying the motion on the other two counts because the defendant failed to discuss one of the claims in its motion and because the judge […]

Fair Debt Collection 130

Fair Debt Collection Judgment Collections 130

Account Recovery

MARCH 27, 2024

Collectors that choose to settle Fair Debt Collection Practices Act lawsuits for amounts that exceed the cap established by the statute are making their own bed and should not be restricted from doing so, a Magistrate Court judge in New Jersey has ruled, granting preliminary approval of a settlement in an FDCPA class action.

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Fair Debt Collection Collections 147

Account Recovery

MARCH 28, 2024

A District Court judge in Connecticut has denied a defendant’s motion for judgment on the pleadings, ruling the debt in question does meet the Fair Debt Collection Practice Act’s definition of a debt and that the suit should proceed. The definition seems to change by the day.

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Fair Debt Collection Judgment Collections Financial services 147

Account Recovery

MARCH 25, 2024

A District Court judge in New York has granted a defendant’s motion to dismiss a Fair Debt Collection Practices Act class-action, ruling the plaintiff lacked standing to sue over a disclosure made in a collection letter. The Background: In April of 2022, the plaintiff received a collection letter from the defendant.

Fair Debt Collection 147

Fair Debt Collection Collections 147

Account Recovery

APRIL 5, 2024

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 […]

Fair Debt Collection 130

Fair Debt Collection Collections Credit Management 130

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.

Fair Debt Collection 246

Fair Debt Collection Judgment Collections 246

Account Recovery

APRIL 3, 2024

A Magistrate Court judge in New Jersey has granted a defendant’s motion to dismiss a Fair Debt Collection Practices Act class-action lawsuit on the grounds the plaintiffs lacked standing to sue after accusing the defendant of attempting to collect without a license to do so under state law.

Fair Debt Collection 130

Fair Debt Collection Collections 130

Account Recovery

APRIL 3, 2024

A District Court judge in Pennsylvania has denied a defendant’s motion to dismiss a Fair Debt Collection Practices Act class action lawsuit, ruling the plaintiff plausibly alleged violations of the statute after the defendant — a collection law firm — allegedly edited an account statement to include additional fees.

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Fair Debt Collection Judgment Law Firms Collections 130

Account Recovery

MARCH 19, 2024

For the second time, the Court of Appeals for the Fifth Circuit has overturned a ruling in a Fair Debt Collection Practices Act case in favor of the defendant, this time outlining three ways that a reasonable jury could have found the defendant violated the statute when it attempted to recover money that was overpaid […]

Fair Debt Collection 147

Fair Debt Collection Collections 147

Account Recovery

APRIL 2, 2024

A District Court judge in Missouri has granted a defendant’s motion for summary judgment in a Fair Debt Collection Practices Act case, ruling the plaintiff lacked standing to sue after unsuccessfully attempting to have a dispute notation removed from her credit report.

Credit Card Debt 130

Credit Card Debt Fair Debt Collection Judgment Collections 130

Account Recovery

DECEMBER 19, 2023

The State of California Appeals Court has overturned the dismissal of a Fair Debt Collection Practices Act and Rosenthal Fair Debt Collection Practices Act case on the grounds that the lower court judge erred in granting the defendant’s motion to dismiss the case on the grounds that it violated the state’s anti-SLAPP measures The Background: (..)

Fair Debt Collection 130

Fair Debt Collection Collections 130

Consumer Finance

OCTOBER 29, 2020

On October 30, 2020, the Consumer Financial Protection Bureau issued a final rule to restate and clarify prohibitions on harassment and abuse, false or misleading representations, and unfair practices by debt collectors when collecting consumer debt.

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Fair Debt Collection Debt collector Collections 99

Account Recovery

MARCH 26, 2024

A District Court judge in Kentucky has granted a defendant’s motion for summary judgment in a Fair Debt Collection Practices Act case, ruling the collection letter that was sent to the plaintiff did not misrepresent that eight different debts had been aggregated into one, mainly because the plaintiff was provided with an itemized breakdown of (..)

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Fair Debt Collection Judgment Collections 130

Public Citizen

DECEMBER 18, 2020

The Consumer Financial Protection Bureau today issued a final rule implementing the Fair Debt Collection Practices Act. All the materials can be found here.

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Fair Debt Collection Collections 40

Account Recovery

AUGUST 10, 2022

A California Appeals Court has affirmed the denial of an anti-SLAPP motion filed by a defendant being sued for violating the Fair Debt Collection Practices Act and the Rosenthal Fair Debt Collection Practices Act for allegedly making false representations in an underlying collection lawsuit.

Fair Debt Collection 245

Fair Debt Collection Collections 245

Account Recovery

MARCH 22, 2024

The Court of Appeals for the Seventh Circuit has vacated a lower court’s summary judgment ruling in favor of a plaintiff in a Fair Debt Collection Practices Act case and remanded the case back to the District Court so it can be dismissed because the plaintiff lacked standing to sue in the first place. The […]

Fair Debt Collection 130

Fair Debt Collection Judgment Collections 130

Account Recovery

MARCH 21, 2024

The Court of Appeals of Indiana has affirmed a lower court’s ruling compelling arbitration in a Fair Debt Collection Practices Act class-action case brought by a plaintiff that accused the defendant of adding additional provisions into a settlement agreement between the two parties.

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Fair Debt Collection Loans Collections 130

Account Recovery

MARCH 20, 2024

The Court of Appeals for the Third Circuit has ruled the plaintiff in a Hunstein Fair Debt Collection Practices Act case does not have standing to sue and has vacated a lower court’s dismissal of the case for a different reason and remanded the case back to state court in New Jersey where it was […]

Fair Debt Collection 130

Fair Debt Collection Collections 130