In a recent decision, the United States District Court for the Northern District of Illinois granted a debt collector’s motion to dismiss a debtor’s breach of contract claim in a putative class action, leaving for adjudication the debtor’s claims under the Fair Debt Collection Practices Act (“FDCPA”). The case is Burdette-Miller v. Williams & Fudge,
Since the Spokeo, Inc. v. Robins decision in 2016, many defendants have worried that a valid standing argument could have the actual impact of leading to more cases being litigated in state court rather than outright dismissals on the merits.
This month’s ruling in Ratliff v. LTI Trucking Services, Inc. proved to be exactly the
In American Family Mutual Insurance Company v. Vein Centers for Excellence, Inc. et al., the Court of Appeals for the Eighth Circuit upheld the Eastern District of Missouri’s ruling granting summary judgment in favor of American Family, finding that the insurer did not have to defend and indemnify its client Vein Centers,
The United States District Court for the Northern District of Illinois recently denied a plaintiff’s motion for class certification on a Fair Debt Collection Practices Act claim, ruling that he had failed to establish that he was an adequate class representative. This decision illustrates that a plaintiff must meet all factors to certify a class
As we previously reported, last year the United States District Court for the Middle District of North Carolina trebled a jury verdict against DISH Network L.L.C. in a Telephone Consumer Protection Act class action, resulting in a $61 million damages award. After months of post-trial motions (which were denied), the Court now recently ruled
In what could be seen as an early holiday present to those institutions often entangled in Telephone Consumer Protection Act litigation, a district court in the Eleventh Circuit not only denied certification in a TCPA wrong number class action, but also struck down common methods used by plaintiffs to ascertain class members. Going further, the
A wave of lawsuits filed under the Fair Debt Collection Practices Act, especially in the Second Circuit, continues regarding disclosures of interest and fees in collection letters. Consumers have complained about failure to warn of interest and fees continuing to accrue, as well as failure to disclose that interest and fees did not accrue. The
Joining an “overwhelming majority of the courts in this district,” the United States District Court for the District of New Jersey recently held that a plaintiff alleging misleading representations in a debt collection letter under 15 U.S.C. § 1692e of the Fair Debt Collection Practices Act (“FDCPA”) demonstrated concrete injury sufficient to confer Article III
On November 27, the Third Circuit Court of Appeals affirmed a district court’s dismissal of a second putative Telephone Consumer Protection Act class action on the grounds that the American Pipe tolling principles did not apply, meaning the plaintiff’s claims on behalf of himself, his company, and the purported class were untimely.
In Weitzner v.
A United States district court in Illinois recently granted a non-resident defendant’s motion to strike the class definition in a putative nationwide TCPA class action, pursuant to Bristol-Myers Squibb, broadly holding that due process “bars nationwide class actions in fora where the defendant is not subject to general jurisdiction.” The case is Mussat v.