A New York district court denied the plaintiff’s request for an injunction ordering a CRA to correct information in his credit report because the FCRA does not provide a private right of action for injunctive relief. 06/28/2022 12:30 P.M. 3.5 minute read Rogers v. LVNV Funding, LLC., No. 21-CV-796 ENV RLM, 2022 WL 2292836 (E.D.N.Y. […]
General allegations of confusion, alone, are insufficient to confer Article III standing, even with allegations that a small group of letter vendor employees may have read a collection letter. 06/22/2022 1:15 P.M. 4 minute read Madlinger v. Enhanced Recovery Company, LLC, No. CV 21-00154 (FLW), 2022 WL 2209929 (D.N.J. June 21, 2022) By Betsy Clarke—Compliance […]
A Pennsylvania district court found that a consumer’s confusion and anxiety stemming from a misleading collection letter, along with her decision not to pay the debt, constituted a concrete harm. 06/20/2022 3:30 P.M. 4 minute read Huber v. Simon’s Agency, Inc., No. CV 2:19-01424, 2022 WL 1801497 (E.D. Pa. June 2, 2022) By Andrew Pavlik […]
A Florida district court granted the motion to stay until an 11th Circuit en banc panel issues its decision in the Fair Debt Collection Practices Act case with implications for Article III standing. Editor’s note: This article is available for members only. 06/17/2022 8:45 A.M. 2 minute read Preferred Collection and Management Services Inc., the […]
A consumer sued a CRA in state court for reporting false information and not correcting the credit report after he notified the CRA of the alleged error. The CRA had the case removed to federal court. The consumer moved to have the case remanded to state court for lack of Article III standing. 06/16/2022 2:45 […]
The 7th Circuit left its ruling intact, reversing a jury verdict that awarded $350,000 in damages to a consumer and class in an FDCPA action. The appellate court refused to rehear its decision, which found the consumer lacked standing to bring her claims alleging emotional distress. 06/09/2022 3:45 P.M. 3.5 minute read Pierre v. Midland […]
In a case involving claims under the Military Lending Act, a Florida district court found the consumers’ conclusory statements that a statutory violation of the MLA caused an injury was not enough to establish Article III standing. 06/08/2022 4:00 P.M. 3 minute read Louis v. Bluegreen Vacations Unlimited, Inc., No. 21-CV-61938-RAR, 2022 WL 1793058 (S.D. […]
A consumer claimed she was harmed by a collection letter. The court issued an order to show cause that she suffered an injury-in-fact. The consumer did so, but the court did not find it compelling and dismissed the case. 06/08/2022 3:15 P.M. 3 minute read Nojovits v. Ceteris Portfolio Services, LLC, No. 22CV2833PKCCLP, 2022 WL […]
A consumer claimed that the debt collector exposed her personal information to a letter vendor without her permission, in violation of the Fair Debt Collection Practices Act. The debt collector had the case removed to federal court. The consumer claimed that she did not suffer an injury-in-fact and therefore her case should be remanded to […]
Pro se litigants are subject to sanctions for bad conduct such as simultaneously taking inconsistent positions in two pending lawsuits. Filing a motion to remand based on a lack of subject matter jurisdiction is frivolous and not made in good faith if the litigant alleged in another case that the court did have subject matter […]
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