On May 2, the U.S. District Court for the District of New Jersey granted a debt collector’s motion to dismiss a putative class action brought under the Fair Debt Collection Practices Act, holding the validation notice in the collection letter was not overshadowed or contradicted by other language in the letter.
The case is Reizner
In Echlin v. PeaceHealth, the U.S. Court of Appeals for the Ninth Circuit held that a debt collection agency meaningfully participated in collection efforts even if it did not have authority to settle the account, did not receive payments, and was not involved in collection beyond sending two collection letters. Accordingly, the collection agency
In a short, straightforward opinion, the Eighth Circuit Court of Appeals joined its sister circuits that have applied a materiality standard to consumer claims of falsity and deception under the Fair Debt Collection Practices Act.
Consumer Paul Hill incurred a medical debt, and the creditor hired Accounts Receivable Services, LLC to collect the debt.
A district court in the Northern District of Illinois recently granted a debt collector’s motion to compel arbitration in a Fair Debt Collection Practices Act lawsuit even though it could not provide the original bill of sale to prove it purchased the debt and the concomitant rights to enforce the arbitration provision in the underlying
On April 13, the United States District Court for the Eastern District of Wisconsin granted summary judgment to defendants in a lawsuit brought under the Fair Debt Collection Practices Act (“FDCPA”) and the Wisconsin Consumer Act (“WCA”). A copy of the Court’s opinion can be found here.
The case arises from a state court
A federal court in Nebraska threw out a putative class action suit brought under the Fair Debt Collection Practices Act, 15 U.S.C. § 1692 et seq., and the Nebraska Consumer Protection Act, Neb. Rev. Stat. § 59-1601 et seq., holding that collection agencies could recover attorneys’ fees when using in-house counsel to file
According to a recent report from WebRecon, filings of Fair Credit Reporting Act cases have continued to increase in 2018. FCRA claims led consumer litigation filings in February, while Fair Debt Collection Practices Act (“FDCPA”) and Telephone Consumer Protection Act (“TCPA”) cases declined during the same month. The overall statistics for consumer litigation in February
On March 30, the U.S. District Court for the Eastern District of New York dismissed a Fair Debt Collection Practices Act case in favor of a debt collector, finding that the use of the Miller safe harbor language in its collection letter did not violate the FDCPA. In granting the debt collector’s motion, the Court
On March 19, the United States District Court for the Western District of New York granted summary judgment to a debt collector who was sued for allegedly violating the Fair Debt Collection Practices Act, 15 U.S.C. §§ 1692-1692p, by including language in a form letter that referred to the tax implications of accepting a settlement
We previously reported on the Seventh Circuit Court of Appeals’ decision in Oliva v. Blatt, Hasenmiller, Leibsker & Moore, LLC, 864 F.3d 492 (7th Cir. 2017). In Oliva, the sharply-divided Seventh Circuit held that the debt collector was liable under the Fair Debt Collection Practices Act even though the collector followed a longstanding