A consumer appealed the district court’s de minimis award of attorney’s fees claiming that the court erred by not considering the attorney’s work that occurred after the consumer’s refusal of an oral settlement offer. 08/01/2022 5: 15 P.M. 4.5 minute read Cooper v. Retrieval-Masters Creditors Bureau, Inc., No. 18-2358, 2022 WL 3009480 (7th Cir. July […]
A Kentucky district court found that the word “resolve” in a dunning letter could plausibly mislead a consumer into thinking a debt could be enforced in court. 04/18/2022 3:30 P.M. 4 minute read By Andrew Pavlik – Compliance Analyst Elliott v. Ally Financial, Inc., et al., No. 5:21-CV-00108 (TBR), 2022 WL 1131129 (W.D. Ky. Apr. […]
A New York district court held that a collection letter offering to settle a debt for a fixed amount did not have to also state that interest was accruing on the debt. 04/12/2022 3:30 P.M. 3.5 minute read Weiss v. Sequium Solutions, LLC, No. 21-CV-218(EK)(TAM), 2022 WL 1046260 (E.D.N.Y. Apr. 7, 2022) By Andrew Pavlik […]
A collector may be subject to judgment on the pleadings if the collector called a consumer after the parties settled the debt and the consumer revoked her consent to be contacted. However, if the collector effectively pleads the bona fide error defense, then the collector may be able to defeat the consumer’s motion for judgment […]
The consumer received a collection letter for a medical bill he claimed was paid by his insurance. The debt collector claims that the letter at issue was not a collection letter, but a verification letter sent in response to the consumer’s dispute. The debt collector moved for summary judgment on the consumer’s FDCPA claims. […]
This site uses cookies. By continuing to use our site, you are agreeing to our use of cookies. Review our Privacy Policy for more information. You may change your preferences on how cookies are stored by reviewing the settings on your browser.
The content on this site is presented for educational, general reference, and informational purposes only; is not intended to serve as legal or other advice; is not intended to be a full and exhaustive explanation of the law in any area; and should not replace the advice of your own legal counsel. By continuing to use our site, you are agreeing to the legal disclaimers in our Terms of Use. Review our Terms of Use for more information.
Get continued access to ACA International’s wide array of resources, which can help you become more profitable, compliant and successful.
Renew your membership today to take advantage of tools you won’t find anywhere else: