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Speight v. Tolteca Enterprises: Debt Collector Can Sue for Attorney’s Fees, If Consumer Filed Suit in Bad Faith

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The consumers claimed that the debt collector misreported their debt to the CRAs, which negatively impacted their ability to obtain a mortgage. The debt collector filed a counterclaim asking for attorney’s fees and costs, claiming the consumers brought the case in bad faith. 11/09/2022 3:15 P.M. 3 minute read Speight v. Tolteca Enterprises, Inc., No. […]

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Gonzales v. Receivables Performance Mgmt: Consumer Denied Attorney’s Fees Where Collector Had Basis for Removal of Case

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A consumer filed an action alleging a collection agency violated the FDCPA by using a third-party letter vendor. Because the collector removed the case before the final Hunstein decision, the collector had an objectively reasonable basis for believing the court had subject matter jurisdiction at the time of removal. Accordingly, the court denied the consumer’s […]

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Ricketson v Advantage Collection: Court Reduces Unreasonable Fee Award to Vexatious Consumer’s Attorney

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If a consumer’s attorney repeatedly and obstinately refuses reasonable requests for relevant information related to the consumer’s request for attorneys’ fees after prevailing in a suit under the FDCPA, the court could exercise its discretion to deny the attorneys’ fees. 08/29/2022 3:00 P.M. 3.5 minute read Ricketson v Advantage Collection Pros., LLC, No. 21-CV-2541 (WMW/ECW), […]

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