A recent Fair Debt Collection Practices Act case in Michigan illustrates the importance of attention to detail when operating in a heavily regulated business space such as debt collection. The case is Loewe v. Weltman, Weinberg & Reis Co., L.P.A., from the United States District Court for the Eastern District of Michigan. You can
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.
In Flecha v. Medicredit, Inc., the Fifth Circuit decertified a Fair Debt Collection Practices Act letter class and noted that the putative class “present[ed] substantial questions of Article III standing.” In doing so, the Fifth Circuit became part of a growing trend of circuit courts that are raising significant questions as to whether a
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
A Colorado woman is suing a collection agency in federal court under the Fair Debt Collection Practices Act for mistakenly emailing a receipt intended for her to a third party.
Plaintiff Stephanie Dehart incurred medical debt following the birth and delivery of her daughter. Her debt later was placed with defendant CollectionCenter, Inc., “the premier
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
The United States District Court for the Southern District of New York recently dismissed a Fair Debt Collection Practices Act suit with prejudice brought over disclosure language in a debt collection letter. The Court found that while certain disclosure language is included in the FDCPA, failure to include it does not necessarily give rise to
On December 17, a magistrate judge in the United States District Court for the Eastern District of California granted judgment in favor of defendant debt collector Enhanced Recovery Company (“ERC”), thereby dismissing plaintiff Rene Ortiz’s pro se claims for violations of the Fair Credit Reporting Act and Fair Debt Collection Practices Act. The ruling was