In Marquez v. Weinstein, Pinson & Riley, P.S., et al., the plaintiffs brought a class action against the defendants for alleged violations of the Fair Debt Collection Practices Act arising out of the defendants’ attempt to collect on student loan debts allegedly owed by the plaintiffs. Specifically, the defendant law firm, Weinstein, Pinson &
Extra Assurances Not Required: Collector Not Liable for Letter with No Statement Assuring that Non-Interest Charges and Fees Would Not Accrue
The United States District Court for the Eastern District of New York has dismissed a debtor’s claim that a collection letter stating “Non-interest Charges & Fees: $0.00” was misleading under the Fair Debt Collection Practices Act because an unsophisticated consumer could mistakenly believe that non-interest charges and fees might be added in the future. The …
District Court Dismisses FDCPA Action Upon Finding of Proper Validation Notice
By CFS Blog Help on
On August 23, the U.S. District Court for the District of New Jersey dismissed an action against a collection agency on issues related to a validation notice. In Rosa v. Encore Receivable Management, Inc. et al., No. 15-cv-02311, the plaintiff alleged that the collection agency sent letters to at least 50 people in New …
Eleventh Circuit Dismisses FDCPA Case Against Debt Collector Based on Failure to Allege Consumer Transaction
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On July 28, in a decision favorable for the collection industry, the United States Court of Appeals for the Eleventh Circuit affirmed a district court’s dismissal of an action against defendant Seattle Service Bureau, Inc., a debt collector, for claims alleged under the Fair Debt Collection Practices Act (“FDCPA”) and the Florida Consumer Collection …
U.S. District Court Rules Letter with Internal Reference Number Does Not Violate Fair Debt Collection Practices Act
By David N. Anthony & Jim Trefil on
A federal judge in the Eastern District of New York ruled that a debt collection company’s internal reference number, which may have been visible through a glassine envelope, did not violate the Fair Debt Collection Practices Act (“FDCPA”).
In the case, the Plaintiff, Wendy Torres Rodriguez, brought an FDCPA claim against Defendant I.C. Systems, Inc.,…
Fourth Circuit Rejects FDCPA Liability For Filing Proofs of Claim On Time-Barred Debt
On August 25, 2016, the Fourth Circuit held in In re Eric Dubois, Case No. 15-1945, that filing a proof of claim based on a time-bared debt in a Chapter 13 bankruptcy does not violate the Fair Debt Collection Protection Act (FDCPA) when the applicable state statute of limitations does not extinguish the debt.…
Spokeo’s Impact on Eleventh Circuit FDCPA Case
By David N. Anthony & Julie D. Hoffmeister on
The Eleventh Circuit recently released an unpublished decision regarding its opinion on the impact of Spokeo on a Fair Debt Collection Practices Act putative class action, finding that the named plaintiff satisfied Article III standing requirement.
In Church v. Accretive Health, Inc., the defendant sent the named plaintiff a letter advising her that she…
Ninth Circuit Rules that Court Can Acknowledge Context of Communications in FDCPA Dispute
By David N. Anthony & Julie D. Hoffmeister on
In Davis v. Hollins Law, the Ninth Circuit recently reversed a lower court’s judgment in favor of the plaintiff on a claim under the Fair Debt Collection Practices Act, finding that the defendant debt collector’s communication was sufficient in context to disclose to the least sophisticated debtor that it was from a debt collector.…
New York Federal Court Dismisses FDCPA Class Claims in a Letter Case
By David N. Anthony & Maryia Y. Jones on
On July 7, the U.S. District Court for the Eastern District of New York granted a debt collector’s motion to dismiss a plaintiff’s claims brought on a class basis under the Fair Debt Collection Practices Act (“FDCPA”).
The case arose out of a debt collection letter that …
New York Federal Court Grants Creditor’s Summary Judgment Motion in TCPA and FDCPA Case
By David N. Anthony & Julie D. Hoffmeister on
On June 20, the U.S. District Court for the Eastern District of New York granted a creditor’s motion for summary judgment in an action brought pursuant to the Telephone Consumer Protection Act and the Fair Debt Collection Practices Act.
In Reyes, Jr. v. Lincoln Automotive Financial Services, the plaintiff leased a new …