A consumer received a collection letter from a debt collector requesting a 25% collection fee. The letter was also allegedly sent by a letter vendor. The consumer sued the debt collector for violating the FDCPA, among other things, in state court. The debt collector had the case removed to federal court and filed a motion […]
When courts in the 9th Circuit are ruling on a settlement agreement negotiated before a class action is certified, the court requires the settlement to meet a higher standard of fairness to ensure no collusion is involved. 05/26/2022 4:30 P.M. 5 minute read Russell v. Ray Klein, Inc., No. 1:19-CV-00001-MC, 2022 WL 1639560 (D. Or. […]
A consumer asked the court to reconsider a previous judgment that complaints brought under Maryland debt collections statutes be subject to the FDCPA’s one-year statute of limitations and not the state’s three-year statute of limitations. The court allowed reconsideration. 05/03/2022 2:45 P.M. 4 minute read Allen v. Majerle Mgmt., Inc., No. CV 21-950 PJM, 2022 […]
A consumer moved out of an apartment and the apartment owner claimed the consumer owed money for damage to the unit. The debt was assigned to a debt collector who charged prejudgment interest on the debt. The consumer disputed that the debt was assigned to the debt collector and that the debt collector had a […]
The court denied a motion for summary judgment by a consumer who alleged a collector violated the FDCPA when the collector misstated the account balance in a collection letter by less than $1. The court found such an error was a non-material misrepresentation or a mere technical falsehood that would mislead no one. 03/24/2022 3:15 […]
The FDCPA may not be used as a means to enforce other statutes, and the broad and vague language of Section 1692f does not transform every violation of state or federal law into a violation of the FDCPA. However, the court found that a consumer’s contention that a collection agency imposed fees in violation of […]
The consumer was sued on a deficiency balance for a repossessed vehicle. The debt was reduced to judgment. The consumer sued the debt collector for violating the FDCPA, but the debt collector claimed the consumer did not have standing. 01/25/2022 3:30 P.M. 4 minute read Uvaldo v. Germaine L. Off. PLC, No. CV-20-00680-PHX-JJT, 2022 WL […]
The defendant was accused of violating the Maryland Consumer Debt Collection Act and the Maryland Consumer Protection Act by charging $5 in convenience fees to borrowers who paid monthly mortgage bills online or by phone. The case was dismissed in district court. On appeal the 4th Circuit found that, because the debt collector charged an […]
The consumer received a letter stating certain types of payments could be charged a convenience fee. The consumer sued claiming this language violated the FDCPA. The debt collector moved to dismiss. 01/20/2022 1:00 P.M. 2 minute read Bodovinac v. McCarthy, Burgess & Wolff, Inc., No. 220CV02211JADEJY, 2022 WL 171197 (D. Nev. Jan. 18, 2022) By […]
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