The United States District Court for the Western District of Texas recently granted summary judgment in favor of a debt collector, holding that letters sent with the same client account number for two different debts incurred with the same underlying creditor was not false, deceptive, or misleading or otherwise in violation of the Fair Debt
Punit Marwaha
Punit Marwaha is an attorney in the consumer financial services litigation practice, representing clients in business disputes, consumer law and commercial litigation in both federal and state courts.
Federal Court in Texas Finds No Confusion Over Letter with Same Account Number for Two Separate Medical Debts
The United States District Court for the Western District of Texas recently granted summary judgment in favor of a debt collector, holding that letters sent with the same client account number for two different debts incurred with the same underlying creditor was not false, deceptive, or misleading or otherwise in violation of the F…
Debt Collector Wins Summary Judgment in FDCPA Account Balance Case
The Northern District of Illinois recently granted summary judgment in favor of a debt collector in Trischler v. MRS BPO LLC, holding that collection letters effectively stated the amount of the debt.
Consumer plaintiff Jacob Trischler incurred some credit card debt, which was subsequently assigned to MRS for collection by the original creditor. MRS …
Eastern District of Wisconsin Holds Whether Debt Has Been Fully Paid is Legal Issue Not Actionable Under FCRA
On October 26, the Eastern District of Wisconsin issued a ruling dismissing a Fair Credit Reporting Act case. In Garland v. Marine Credit Union, the Court granted summary judgment in favor of the debt collector, holding the dispute was a legal issue such that the consumer could not establish a factual inaccuracy in the…