In a recent decision, the United States District Court for the Northern District of Illinois granted a debt collector’s motion to dismiss a debtor’s breach of contract claim in a putative class action, leaving for adjudication the debtor’s claims under the Fair Debt Collection Practices Act (“FDCPA”). The case is Burdette-Miller v. Williams & Fudge,
Plaintiffs have won one in the ongoing litigation wars over whether the identity of the original creditors in debt collection letters is material, and hence should be included.
On January 2, the United States District Court for the District of Utah granted summary judgment in favor of the plaintiffs-debtors, finding that the defendant-debt collector committed
In a recent opinion, the District of Connecticut dismissed cross-motions for summary judgment filed by a debtor and a debt collector for claims arising under the Fair Debt Collection Practices Act. The case is Garcia v. Law Offices of Howard Lee Schiff, P.C., No. 3:16-cv-791 (D. Conn. Dec.
The Northern District of Illinois recently granted summary judgment in favor of a debt collector in Trischler v. MRS BPO LLC, holding that collection letters effectively stated the amount of the debt.
Consumer plaintiff Jacob Trischler incurred some credit card debt, which was subsequently assigned to MRS for collection by the original creditor. MRS
The United States District Court for the Northern District of Illinois recently denied a plaintiff’s motion for class certification on a Fair Debt Collection Practices Act claim, ruling that he had failed to establish that he was an adequate class representative. This decision illustrates that a plaintiff must meet all factors to certify a class
The United States District Court for the Northern District of Alabama ruled in favor of a debt collector in Swann v. Dynamic Recovery Solutions LLC, granting a motion to dismiss regarding a statute of limitations disclosure in a collection letter.
Plaintiff Susan Swann alleged violations of Section 1692 of the FDCPA for making false,
The Court of Appeals for the Seventh Circuit recently upheld the dismissal of a lawsuit against a debt collector for allegedly violating the Fair Debt Collection Practices Act by sending a collection letter containing an incorrect reference to the location of the debt validation disclosures required by the FDCPA. The case is O’Boyle v. Real
The United States District Court for the Western District of Washington recently granted a debt collector’s motion for summary judgment on a debtor’s Fair Debt Collection Practices Act claims stemming from a collection letter sent in an effort to collect on unpaid bills for medical services.
In McBroom v. Syndicated Office Systems d/b/a Central Financial
Joining an “overwhelming majority of the courts in this district,” the United States District Court for the District of New Jersey recently held that a plaintiff alleging misleading representations in a debt collection letter under 15 U.S.C. § 1692e of the Fair Debt Collection Practices Act (“FDCPA”) demonstrated concrete injury sufficient to confer Article III
On November 29, the Third Circuit Court of Appeals reversed a district court’s grant of summary judgment to Drexel University in a Fair Debt Collection Practices Act case brought by a former student.
In Tiene v. Law Office of J. Scott Watson PC, No. 18-1221 (3d Cir. Nov. 29,