Debt Collection

Supreme Court Holds That Filing of Bankruptcy Claim on Time-Barred Debt Does Not Violate FDCPA

The United States Supreme Court recently held that a creditor who files a bankruptcy claim on a...

Florida Federal Court Dismisses Complaint Alleging Violations of RESPA and FDCPA Due to Plaintiff’s Failure to Provide Notice and Opportunity to Cure, as Required Under the Mortgage

The United States District Court for the Southern District of Florida recently granted defendant mortgage company’s motion...

New York Federal Court Dismisses Plaintiff’s FDCPA Claim, Finding Communications Regarding Hazard Insurance Were Not an Attempt to Collect a Debt

The United States District Court for the Western District of New York recently granted defendant’s motion to...

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

The United States District Court for the Eastern District of New York recently denied a defendant debt...

Kansas Federal Courts Issue Conflicting Decisions on Whether Dunning Letter on Time-Barred Debt Violated FDCPA

The United States District Court for the District of Kansas recently granted a debtor summary judgment on...

New Jersey Federal Court Holds Debtor Did Not Have Standing to Bring FDCPA Claim

The United States District Court for the District of New Jersey recently granted a debt collector’s motion...

Ninth Circuit Affirms Finding That Defendant Trustee Was Not a “Debt Collector”

The United States Court of Appeals for the Ninth Circuit recently affirmed a district court’s holding that...

Fourth Circuit Holds that Defendant Did Not Violate FDCPA By Filing Proofs of Claim Based on Time-Barred Debts

The Fourth Circuit recently affirmed a bankruptcy court’s dismissal of the plaintiffs’ Fair Debt Collection Practices Act...

New Jersey Federal Court Holds Dunning Letter on Time-Barred Debt Did Not Violate FDCPA

The United States District Court for the District of New Jersey recently dismissed a complaint alleging that...

New York Federal Court Holds That Consumer May Pursue FDCPA Claim Based on Allegedly False Affidavit

The United States District Court for the Southern District of New York recently held that debt collectors...

Seventh Circuit Holds Complaint’s Validation Notice Violated FDCPA

The United States Court of Appeals for the Seventh Circuit recently held that a misleading validation notice...

New Jersey Appellate Division Holds That Four-Year Statute of Limitations Applies to Actions to Collect Debts from Retail Store Credit Cards

The New Jersey Appellate Division recently held that the six-year breach of contract statute of limitations does...