New York District Court Affirms Plaintiff’s Standing to Bring Suit Under the FDCPA, Denies Defendant Debt Collector’s Motion to Dismiss

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The United States District Court for the Eastern District of New York recently denied a defendant debt collector’s motion to dismiss plaintiff’s putative class action alleging violation of the Fair Debt Collection Practices Act, 15 U.S.C. 1692 et seq. (“FDCPA”), finding that plaintiff sufficiently alleged a substantive violation of the FDCPA that demonstrates a concrete and particularized injury-in-fact, or, alternatively, a procedural violation of the FDCPA that poses a risk of real harm to plaintiff’s statutory interests. 

California Court of Appeals Affirms Dismissal of Borrower’s Complaint For Lack of Standing To Challenge Alleged Irregularities in the Securitization of Her Loan

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The Court of Appeal of California, Third Appellate District, recently affirmed the lower court’s ruling that plaintiff borrower lacked standing to challenge the alleged irregularities in the securitization of her loan, thereby dismissing her complaint alleging wrongful foreclosure, declaratory relief and quiet title.