In Glawe v. Carpenter, Hazelwood, Delgado & Boren PLC, the Ninth Circuit Court of Appeals reversed and remanded the district court’s entry of summary judgment for the appellees-defendants in a Fair Debt Collection Practices Act (FDCPA) case. In its holding, the court emphasized the need to conduct a factual analysis in that case as
In Mikhael v. Credit Corp Solutions, Inc., the Eastern District of New York held that a letter alluding to the possibility of referring an account to an attorney for review does not constitute a threat to take imminent action that “cannot legally be taken or that was not intended to be taken” under the
In Kinnick v. Med-1 Solutions LLC, an Indiana district court granted partial summary judgment for the defendant in a Fair Debt Collection Practices Act (FDCPA) case. In its holding, the court emphasized that requesting that collection communications cease before the debt collector has active accounts for collection is insufficient to sustain a claim under
In Teitelbaum v. I.C. Sys., a New York district court granted a defendant’s motion to dismiss in a Fair Debt Collection Practices Act (FDCPA) case. In its holding, the court emphasized that the least sophisticated consumer standard may not be invoked to support the proposition that a collection letter is ambiguous in situations where
The Southern District of Florida has added to the growing collection of cases under the Fair Debt Collections Practices Act (FDCPA) based on a lack of standing.
In Preisler v. Eastpoint Recovery Grp., No. 20-CV-62268-RAR (S.D. Fla. May 25, 2021), the defendant, United Holding Group, LLC, purchased a debt owed by the
Yet another Seventh Circuit decision has affirmed that a violation of the Fair Debt Collection Practices Act (FDCPA) does not, by itself, create an injury-in-fact sufficient for Article III standing. This time, however, two judges concurring in judgment voiced their belief that the circuit has gone too far in its interpretation of the Supreme Court’s
A district court judge in California has certified a FDCPA letter class involving billing and collection letters sent by a collection company used by Hertz car rental agency. The plaintiff in DeNicolo v. Hertz Corp. alleges that the letters, sent to consumers after Hertz allegedly discovered damage to the returned rental cars, were attempts
In Tinsley v. Fairway Collections, LLC, the Western District of Washington recently issued an opinion finding that dismissal of a consumer’s FDCPA claim was not warranted because she alleged not owing the underlying debt at the time a collection lawsuit was filed against her. The court also found that a consumer does not need
In a panel decision on April 21, the Eleventh Circuit held that (1) a consumer had standing to bring a claim under the Fair Debt Collection Practices Act (FDCPA) because he alleged an invasion of privacy based on the spread of his debt-related information; and (2) a debt collector’s outsourcing of its letter process to
In Shepherd v. Debt Recovery Sols. of Ohio, Inc., No. 3:20-cv-520 (N.D. Ohio Apr. 22, 2021), the court dismissed a putative class action alleging violations of the Fair Debt Collections Practices Act, finding that the named plaintiff had not suffered a concrete injury, and therefore, he lacked standing to assert a claim.
The plaintiff,