In Almada v. Krieger, No. 21-55275 (9th Cir. Jan. 24, 2022), the Ninth Circuit partially reversed a decision by the U.S. District Court for the Southern District of California, granting summary judgment in favor of a debt collector in a Fair Debt Collections Practices Act (FDCPA) case. In doing so, it held that
In Whitfield v. Contract Callers, Inc., Civil Action No. RDB-21-1540 (D. Md. Dec. 20, 2021), the District of Maryland dismissed claims asserted under the Fair Debt Collection Practices Act (FDCPA), holding that confusion concerning the identity of the original creditor allegedly caused by a poorly-worded collection letter did not result in the type
In Reddick v. Capouano, Beckman, Russell & Burnett LLC, the Court of Appeals for the Eleventh Circuit recently affirmed defendant law firm Capouano, Beckman, Russell & Burnett LLC’s (Firm) motion for summary judgment involving an alleged violation of the Fair Debt Collection Practices Act (FDCPA). In its holding, the Eleventh Circuit found no violation
In Knight v. AR Res., Inc., a Third Circuit district court granted a defendant’s motion to dismiss a plaintiff’s first amended complaint in a Fair Debt Collection Practices Act (FDCPA) case. In its holding, the court emphasized that where there are multiple interpretations of language in a collection letter, neither of which are inaccurate
In Bordeaux v. LTD Financial Services, L.P., No. 2:16-0243 (KSH) (CLW) (D.N.J Sept. 28, 2021), plaintiff Roberta Bordeaux, on behalf of herself and a class of similarly situated persons, asserted that defendant debt collector LTD Financial Services LP (LTD) violated the Fair Debt Collection Practices Act (FDCPA) by sending collection letters, referencing potential
A recent decision out of the Northern District of Georgia highlights how statutory language is still important when resolving matters under the FDCPA. In this case of Joe v. Capital Link Management LLC, the court held that the plaintiff could not state claims under Section 1692c and Section1692e as the plaintiff, the mother of
In Cheatham v. Adams, a U.S. district judge in Arkansas recently granted the defendant McKendra Adams’s (Adams) motion to dismiss for lack of standing involving an alleged violation of the Fair Debt Collection Practices Act (FDCPA). In its holding, the court determined that even though defendant Adams failed to send a timely validation notice,
In Bordeaux v. LTD Fin. Servs., L.P., a Third Circuit district court granted summary judgment to the defendants in a Fair Debt Collection Practices Act (FDCPA) case. In its holding, the court emphasized Third Circuit precedent that the inclusion of 1099C language in collection letters indicating that reporting to the IRS may be required
In Tolliver v. Nat’l Credit Sys., Inc., No. 20-cv-728-jdp (W.D. Wis. Sep. 22, 2021), the Western District of Wisconsin found that the plaintiff lacked standing to assert his claims for violation of the Fair Debt Collections Practices Act (FDCPA), in which he alleged that a debt collector had failed to inform the consumer
In Friend v. CACH LLC, a district court in the Seventh Circuit dismissed a Fair Debt Collection Practices Act (FDCPA) case for lack of Article III standing. In its holding, the court emphasized that to establish Article III standing, a plaintiff must establish concrete harm that he/she would not have incurred had the debt