The court dismissed a consumer’s FDCPA claims against a mortgage servicer because, as the originator of the loan, the servicer was exempt from the FDCPA’s definition of a “debt collector.” 03/09/2022 4:00 P.M. 4 minute read Hallback v. Carrington Mortgage Servicers, LLC, No. 8:21-CV-1028-WFJ-SPF, 2022 WL 685663 (M.D. Fla. Mar. 8, 2022) By Andrew Pavlik […]
The court found that based on its review of the consumer’s complaint, the dispute referenced therein, and the defendant’s answer, it could not conclude, as a matter of law, that the defendant conducted a reasonable investigation. 03/07/2022 4:00 P.M. 3.5 minute read Newman v. American Honda Finance Corp., No. 1:21CV3, 2022 WL 657630 (M.D.N.C. Mar. […]
A consumer disputed her debt through the consumer reporting agencies. The debt collector received notice of the dispute and later reported the debt as disputed. The consumer then disputed the debt directly to the debt collector, who removed the debt from her credit report after its investigation could not verify the debt. The consumer claimed […]
The 7th Circuit Court of Appeals found a creditor and debt collector did not violate the FDCPA and FCRA when they sought to collect a debt from a consumer who was a victim of identity theft because the defendants sufficiently investigated the dispute, concluded the account did not belong to the consumer, and directed the […]
The consumer opened two credit cards and added an authorized user with whom he was discussing starting a business. The consumer disputed debts on his credit card incurred by the authorized user, with his dispute including documentation provided by the consumer concerning his diagnosis of Asperger’s syndrome and a police report. The data furnisher investigated […]
A Utah district court held that it could not find, as a matter of law, that a data furnisher complied with the FCRA because the defendant continued to report an account as accurate after receipt of an automated dispute from a consumer reporting agency. 02/23/2022 4:00 P.M. 3.5 minute read Noel v. Experian Info. Solutions, […]
The court found a pro se consumer failed to allege sufficient facts related to the start of the 30-day period for validation provided under the FDCPA and the court dismissed this claim without prejudice. The court also dismissed the consumer’s TILA claims without prejudice but dismissed the FCRA claims with prejudice because the claims alleged […]
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