The consumer received a writ of garnishment twice in the mail for a debt that was owed by someone with the same name as the consumer but had a different Social Security number. The collection law firm claimed the second mailing happened due to a bona fide error. The court disagreed. 01/17/2022 3:45 P.M. 3.5 […]
The debt collector filed a motion to amend its answer to include a bona fide error defense. The consumer opposed the motion. 11/30/2021 2:00 PM 3 minute read Myers, Bankr. trustee for the bankruptcy estate of Donna Jean Lunsford, v. Credit Bureau Services, Inc., No. 8:20CV141, 2021 WL 5566555 (D. Neb. Nov. 29, 2021) By […]
A collector won a summary judgment against a consumer’s FDCPA claims. As the prevailing party, the collector was entitled to recover its costs as a matter of course. The collector was not able to demonstrate the consumer’s claims were frivolous or in bad faith, therefore the collector could not recover fees from the consumer. […]
A collector who called a consumer and accidentally left a voice message of him singing the song lyric, “in the shadows.” did not violate the FDCPA because the consumer’s conclusory statements regarding being confused or upset, without further evidence of any actual, concrete injury, were insufficient to establish Article III standing. […]
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