Distinguishing some recent cases, the U.S. District Court for the Eastern District of New York clarified that a debt collector who discloses the current amount due in an initial communication has fewer obligations under the Fair Debt Collection Practices Act than a debt collector that provides the amount due as of a future date.
Generally,
The West Virginia Supreme Court ruled against a debt collector in LTD Financial Services, L.P. v. Collins, affirming the lower court’s order granting the plaintiff’s motion for a directed verdict. Specifically, the Court ruled that the plaintiff was not required to prove intent as part of his affirmative claim and LTD Financial Services did
In a recent decision, the United States District Court for the District of New Jersey denied a consumer’s motion for summary judgment of her claims arising under the Fair Debt Collection Practices Act (“FDCPA”). The case is Estate of Wilfred C. Clements v. Apex Asset Management, LLC, No. 1:18-cv-10843-JBS-AMD (D.N.J. Mar. 25, 2019).
Defendant
The Northern District of Illinois recently held that, under the facts of this particular case, the “bona fide error” defense is a question of fact for a jury to decide and could not be decided on summary judgment.
Ferris v. Convergent Outsourcing Inc. involves a Fair Debt Collection P
The United States Court of Appeals for the Second Circuit affirmed a district court’s dismissal of a Fair Debt Collection Practices Act (“FDCPA”) lawsuit over disclosure of the amount of debt owed.
Plaintiff Yuri Kolbasyuk sued debt collector Capital Management Services, LP (“CMS”) over a dunning letter that CMS sent him. CMS had been hired
Vanessa Smith was involved in a traffic accident in Arkansas and received a citation. In connection with the accident, Nationwide Mutual Insurance and Investments obtained a default judgment against Smith. The insurer then assigned the judgment to The McHughes Law Firm, LLC for collection. Smith subsequently entered into a payment plan with McHughes
On March 19, the United States District Court for the Northern District of Illinois ruled in favor of a defendant debt collector because the plaintiff failed to submit extrinsic evidence showing an unsophisticated consumer would find the letter at issue to be misleading, false, or deceptive.
In Lemke v. Escallate, LLC, No. 1:17-cv-5234, 2019
The District Court for the Northern District of Ohio denied defendant JTM Capital Management, LLC’s motion to dismiss consumer plaintiff Carolyn Holloway’s Fair Debt Collection Practices Act complaint in Holloway v. JTM by ruling that JTM’s inquiry into Holloway’s consumer credit report qualifies as an attempt to collect a debt because JTM sought information for
A U.S. Bankruptcy Court has denied a creditor’s motion for sanctions against a law firm in the Middle District of Florida which the creditor alleged engaged in serial filings.
Lash Wilcox & Grace PL (“LW&G”), formerly known as Lash & Wilcox PL, is a law firm with a niche practice specializing in the prosecution of
In a recent decision, the United States District Court for the Middle District of Florida denied a consumer’s motion for summary judgment and granted summary judgment in favor of a debt collector regarding claims under the Fair Debt Collection Practices Act. The case is Encarnacion v. Financial Corporation of America, No. 2:17-cv-00566-SPC-UAM (M.D. Fla.
