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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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Macris v. Specialized Loan Servicing: 2nd Circuit Finds Release from Collection Action Did Not Release Consumer from the Underlying Obligation

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The 2nd Circuit affirmed a district court’s ruling that a consumer was not released from the underlying mortgage note when the creditor released him from a foreclosure action against his co-debtor and former spouse. 11/08/2022 4:10 P.M. 3 minute read Macris v. Specialized Loan Servicing, LLC., No. 21-2016-CV, 2022 WL 16727611 (2d Cir. Nov. 7, […]

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Concha v. Debt Recovery Resources: Collector Permitted to Raise Counterclaims for Overdue Rental Payments in FDCPA Action

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Where a landlord’s claims and consumers’ claims clearly had something in common in that they both related to the consumers’ alleged debt and rental of the landlord’s rental property, the landlord’s counterclaims were sufficiently related to the common nucleus of operative facts underlying the consumers’ claims that a plaintiff would ordinarily be expected to try […]

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Blue v. Midland Credit Management: Court Denies Consumer’s Claims That Debt Collector Needed Permission to Send Collection Letter

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A consumer claimed that a collection letter violated three different provisions of the FDCPA because it allegedly did not have permission to contact the consumer, did not use the correct name for the debt collector and falsely represented that another party was collecting the debt. The debt collector moved for a judgment on the pleadings. […]

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