On January 27, Judge Pamela K. Chen of the United States District Court for the Eastern District of New York denied a defendant debt collector’s motion to dismiss. Plaintiff Olga Madorskaya filed a lawsuit, individually and on behalf of a class, against Frontline Asset Strategies, LLC, claiming that a debt collection notice misrepresented the amount
The Eastern District of New York recently decided a motion to dismiss, denying Defendant’s motion as to Plaintiff’s claims under the FCRA and dismissing Plaintiff’s claims under the FDCPA. A copy of the Court’s opinion can be found here. This case involved claims concerning a disputed tradeline on Plaintiff’s credit report. The Court found
In the world of pick-up basketball, no one likes to play with the guy who cries foul every time he is lightly bumped going for a layup. It appears that the courts are starting to follow the same logic when it comes to Fair Debt Collection Practices Act claims.
The United States District Court for the District of Nevada has sided with the Federal Trade Commission in a case against a set of “mortgage relief assistance” companies. The Court issued a sweeping permanent injunction that prohibits the scammers from marketing or providing any debt relief services whatsoever.
The suit stemmed from the actions of
In Lampert v. Weltman, Weinberg & Reis Co., LPA, plaintiff Debbie H. Lampert filed suit in the United States District Court for the Central District of Illinois against a debt collection agency, alleging that defendant Weltman, Weinberg & Reis Co., LPA violated the Fair Debt Collection Practices Act when it failed to cease collection
On January 21, a bipartisan coalition of 22 state attorneys general, along with the Hawaii Office of Consumer Protection, sent a letter to Comptroller Joseph M. Otting of the Office of the Comptroller of the Currency, objecting to a proposed rule that may extend the right of national banking and savings associations preemption of state
Wire fraud cases, arising from what the Federal Bureau of Investigation calls “business email compromise,” are on the rise. In 2018, the FBI reported that business email compromise and other internet-enabled theft, fraud, and exploitation resulted in $2.7 billion of financial loss. See FBI – IC3 Annual Report Released. Surprisingly, even sophisticated parties and
Last year, Sen. Mike Azinger (R-W.Va.) introduced Senate Bill 495 to the West Virginia Legislature, where it was referred to the Judiciary Committee. The bill proposed amendments to the West Virginia Consumer Credit and Protection Act, W. Va. Code § 46A-5-101, which was intended to “bring the Act in conformity with the federal Fair Debt
Words matter, especially in debt collection communications. As a collector recently learned the hard way, debt collectors should attempt to use words precisely in order to comply with the Fair Debt Collections Practices Act.
In Hackler v. Tolteca Enterprises, Inc., plaintiff Sadie Hackler rented a home in Texas. After she moved out, her landlord charged
On January 3, 2020, in Buchholz v. Meyer Njus Tanick, P.A., No. 18-2261 (6th Cir. 2020), the Sixth Circuit Court of Appeals upheld the district court’s decision dismissing a complaint alleging violations of the Fair Debt Collection Practices Act on the grounds that the plaintiff lacked Article III standing. The Court found the