Account Recovery

JANUARY 11, 2024

A District Court judge in Nevada has denied competing summary judgment motions from both parties in a Fair Debt Collection Practices Act case, ruling that it isn’t totally clear whether the debt in question — the purchase of Botox — is covered under the FDCPA.

Judgment 147

Judgment Fair Debt Collection Collections 147

Account Recovery

APRIL 14, 2022

Better late than never, a federal judge in Nevada has ruled, denying a motion for default judgment against a defendant in a Fair Debt Collection Practices Act case because the defendant has now starting to defend itself “in earnest.” ” A copy of the ruling in the case of Hankerson v.

Judgment 246

Judgment Fair Debt Collection Collections 246

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 (..)

Judgment 243

Judgment Fair Debt Collection Collections Credit Management 243

Account Recovery

DECEMBER 7, 2023

A District Court judge in Texas has granted a plaintiff’s motion for default judgment in a Fair Debt Collection Practices Act case against a collection agency — 18 months after the parties had reached […]

Judgment 130

Judgment Fair Debt Collection Collection Agencies Collections Agency 130

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.

Judgment 246

Judgment Fair Debt Collection Collections 246

Account Recovery

SEPTEMBER 25, 2023

In a case that was defended by Rick Perr and the team at Kaufman Dolowich, a District Court judge in Illinois — on his own motion — has granted summary judgment in favor of a defendant on the remaining two counts in a Fair Debt Collection Practices Act case, ruling that using a local number […]

Judgment 147

Judgment Fair Debt Collection Collections 147

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.

Judgment 233

Judgment Fair Debt Collection Collections 233

Account Recovery

MAY 23, 2023

A District Court judge in Oklahoma has denied a defendant’s motion for summary judgment and a plaintiff’s motion for partial summary judgment in a Fair Debt Collection Practices Act case, ruling that, among other reasons, the migraines suffered by the plaintiff are sufficient for her to have standing to sue, and that there is a … (..)

Judgment 130

Judgment 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.

Fair Debt Collection 130

Fair Debt Collection Judgment Law Firms Collections 130

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 (..)

Judgment 246

Judgment Fair Debt Collection Collections 246

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 (..)

Judgment 243

Judgment Fair Debt Collection Debt collector Original Creditor 243

Account Recovery

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 (..)

Judgment 246

Judgment Fair Debt Collection Debt collector Collections 246

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.

Judgment 238

Judgment Fair Debt Collection Collections 238

Account Recovery

MAY 12, 2023

A District Court judge in Pennsylvania has dismissed a plaintiff’s Fair Debt Collection Practices Act suit on his own, without even needing a motion from the defendant, ruling the plaintiff’s attempt to sue the defendant after it obtained a default judgment is “not plausible.” …

Judgment 130

Judgment Fair Debt Collection Collections 130

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 (..)

Judgment 235

Judgment Fair Debt Collection Collections 235

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 (..)

Judgment 246

Judgment Fair Debt Collection Collections 246

Account Recovery

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 (..)

Judgment 246

Judgment Fair Debt Collection Collection Agencies Collections Agency 246

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

JUNE 2, 2023

A District Court judge in Pennsylvania has denied a defendant’s motion to set aside a default judgment against it in a Fair Debt Collection Practices Act and Fair Credit Reporting Act case, ruling that it has not submitted enough evidence to prove that service of the lawsuit was ineffective, and because default judgments have been …

Judgment 130

Judgment Fair Debt Collection Collections 130

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.

Subrogation 246

Subrogation Insurance Subrogation Judgment Fair Debt Collection 246

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.

Garnishment 246

Garnishment Judgment Banks Fair Debt Collection 246

Account Recovery

AUGUST 2, 2023

The Court of Appeals for the Tenth Circuit has affirmed a summary judgment ruling in favor of a defendant that was sued for violating the Fair Debt Collection Practices Act because it was not licensed as a collection agency when it filed a lawsuit to collect on an unpaid debt.

Judgment 130

Judgment Fair Debt Collection Collections Collection Agencies 130

Account Recovery

JULY 25, 2023

Robbin law, a state court judge in New York has granted a defendant’s motion for summary judgment and dismissed a plaintiff’s Fair Debt Collection Practices Act complaint that accused a collector of violating the statute for sending a letter that identified […]

Judgment 130

Judgment Fair Debt Collection Collections 130

Account Recovery

MAY 9, 2023

The post Appeals Court Vacates Part of Summary Judgment Ruling in FDCPA Case appeared first on AccountsRecovery.net.

Judgment 130

Judgment Fair Debt Collection Collections Healthcare 130

Account Recovery

MAY 5, 2023

The post Judge Grants Partial Summary Judgment for Plaintiff in FDCPA Case appeared first on AccountsRecovery.net.

Judgment 130

Judgment Fair Debt Collection Collections 130

Account Recovery

AUGUST 16, 2023

A Magistrate Court judge in South Carolina has recommended denying a plaintiff’s motion for default judgment in a Fair Debt Collection Practices Act case because he hasn’t met the burden for proving that the defendant was actually served with a copy of the summons and complaint.

Judgment 100

Judgment Fair Debt Collection Collections 100

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.

Judgment 246

Judgment Fair Debt Collection Debt collector Collections 246

Account Recovery

FEBRUARY 27, 2023

Appeals Court Vacates Judgment in Favor of Plaintiff; CFPB Updates Administrative Enforcement Proceedings first appeared on AccountsRecovery.net. Appeals Court Vacates Judgment in Favor of Plaintiff; CFPB Updates Administrative Enforcement Proceedings appeared first on AccountsRecovery.net. The post Daily Digest – February 27.

Judgment 130

Judgment Fair Debt Collection Collections 130

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 (..)

Judgment 234

Judgment Fair Debt Collection Collections 234

Account Recovery

MAY 15, 2023

JUDGE PARTIALLY GRANTS MSJ FOR PLAINTIFF IN FDCPA CASE 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 …

Judgment 130

Judgment Fair Debt Collection Collections 130

Account Recovery

FEBRUARY 27, 2023

The Court of Appeals for the Eighth Circuit has overturned a lower court’s ruling in favor of the plaintiffs in a Fair Debt Collection Practices Act class action, ruling they lacked standing to pursue their lawsuit after claiming a statement that “Interest and other charges may accrue daily” was deceptive and misleading.

Judgment 130

Judgment Fair Debt Collection Collections Credit Bureau 130

Account Recovery

JANUARY 26, 2023

The post Judge Denies Motion to Amend Judgment and Motion for Sanctions in FDCPA Case appeared first on AccountsRecovery.net.

Judgment 130

Judgment Fair Debt Collection Collections 130

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.

Fair Debt Collection 130

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 28, 2024

What constitutes a debt? 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.

Fair Debt Collection 147

Fair Debt Collection Judgment Collections Financial services 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

MAY 5, 2023

A class action lawsuit is accusing a bank of using a law firm as a front to collect on its own debts, allegedly violating the Fair Debt Collection Practices Act by sending … The post Daily Digest – May 5. The post Daily Digest – May 5. The post Daily Digest – May 5.

Law Firms 130

Law Firms Judgment Banks Fair Debt Collection 130