79 results for 'cat:"Debt Collection" AND cat:"Consumer Law"'.
J. Shea grants the debt collector's motion to dismiss, ruling the consumer fails to state a plausible claim under the Fair Debt Collection Practices Act. The single collection notice did not contain any threatening language, was sent directly to the consumer in a typical fashion, and was not misleading or confusing in any way.
Court: USDC Connecticut, Judge: Shea, Filed On: November 14, 2023, Case #: 3:23cv221, NOS: Consumer Credit - Other Suits, Categories: debt Collection, consumer Law
J. Gordon grants the debt collector’s motion to dismiss this suit alleging violations of the Fair Debt Collection Practices Act. The debtor claims that the collector’s undated letter, which caused her to question its legitimacy, violated debt validation notice requirements, was harassing, misleading and unconscionable. The collector is protected by a Consumer Financial Protection Board regulatory safe harbor because it used a board model letter. The debtor has not alleged that information in the letter was inaccurate and has not plausibly alleged any violations of the Act.
Court: USDC Nevada, Judge: Gordon, Filed On: October 31, 2023, Case #: 2:22cv2150, NOS: Consumer Credit - Other Suits, Categories: debt Collection, consumer Law
J. Jackson grants the dismissal motions in this suit asserting claims under the Fair Debt Collection Practices Act and the Oklahoma Consumer Protection Act, as well as for civil conspiracy and abuse of process. The plaintiff lot owner fails to state a claim under the Fair Debt Collection Practices Act, though he will be allowed to seek leave to amend. The court also declines to exercise jurisdiction over the state law claims.
Court: USDC Eastern District of Oklahoma, Judge: Jackson, Filed On: October 30, 2023, Case #: 6:23cv167, NOS: Insurance - Contract, Categories: debt Collection, consumer Law
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J. Orme finds that the trial court properly dismissed a debtor's deceptive trade practices suit against a Wisconsin debt collection firm. The debtors failed to show that the foreign debt collector engaged in an affirmative misrepresentation beyond a failure to register that would be considered deceptive or unconscionable under the Consumer Sales Practices Act. Affirmed.
Court: Utah Court Of Appeals, Judge: Orme, Filed On: October 19, 2023, Case #: 20210394-CA, Categories: debt Collection, consumer Law
J. Peterson partially grants the debt collector's summary judgment motion in the consumer's lawsuit claiming it failed to properly handle her claim of identity theft after she informed it that a nearly $6,000 debt for unpaid rent at an apartment in Arizona did not belong to her, as she lives in Wisconsin. Disputed facts concerning whether the debt collector acted within the law in attempting to confirm proof of the consumer's address and otherwise investigate her claim need to go to a jury, but the consumer has adequately argued standing due to injuries she suffered in the form of denial of a student loan and lost time trying to fix her credit. Summary judgment is denied to both parties except for the consumer's claim for punitive damages, which is dismissed because she never responded to the debt collector's arguments about it in her brief.
Court: USDC Western District of Wisconsin, Judge: Peterson, Filed On: October 16, 2023, Case #: 3:22cv215, NOS: Consumer Credit - Other Suits, Categories: debt Collection, consumer Law
J. Gonzalez preserves, in part, claims that allege three collection agencies violated state and federal debt collection practices through its attempts to collect a default judgment in connection with student loan debts first incurred in the early 1980s. The debtor claims they miscalculated the unpaid balance by using the state's 9% annual post-judgment interest rate instead of the required 8% rate under federal law. The court finds the claims are not preempted by the federal Higher Education Amendments Act.
Court: USDC Eastern District of New York, Judge: Gonzalez, Filed On: September 30, 2023, Case #: 1:22cv298, NOS: Consumer Credit - Other Suits, Categories: debt Collection, consumer Law
[Consolidated.] J. Hall grants a motion for judgment on the pleadings and finds in favor of a collection agency on a self-represented debtor’s Fair Debt Collection Practices Act complaint alleging it failed to validate an alleged debt. The debtor’s conclusory arguments that he suffered emotional distress after receiving the creditor’s collections notice fails to establish standing, and the creditor met its obligations in regards to verifying the debt. His Section 1983 civil rights claims fail on the basis that the collection agency is not a state actor or was acting under the color of state law.
Court: USDC Eastern District of New York, Judge: Hall, Filed On: September 29, 2023, Case #: 1:22cv2066, NOS: Consumer Credit - Other Suits, Categories: Civil Rights, debt Collection, consumer Law
J. Mortensen finds that the trial court properly dismissed a debtor's deceptive trade practices suit against a Wisconsin debt collection firm. A foreign debt collector's failure to register as required by the Collection Agency Act does not support a cause of action under the Consumer Sales Practices Act. Affirmed.
Court: Utah Court Of Appeals, Judge: Mortensen, Filed On: September 28, 2023, Case #: 20210720-CA, Categories: debt Collection, consumer Law
[Modified.] J. Delaney modifies a footnote and denies a rehearing with no change in judgment. The trial court improperly dismissed a Rosenthal Act complaint filed by a consumer because he did not owe the subject debt. The Act applies to unfair attempts to collect a debt that is either actually due or owing or falsely alleged to be due or owing. Reversed.
Court: California Courts Of Appeal, Judge: Delaney, Filed On: September 26, 2023, Case #: G061836, Categories: debt Collection, consumer Law
J. Rubin grants a collections agency its cross-motion for summary judgment while denying that of a credit card owner after she claimed that the agency had no right to collect a debt because it did not own the debt. The card owner charged over $15,000 to her card and then claimed Chapter 13 bankruptcy. At this time, the card company sold the debt to the agency, so it does own the debt and rightly seeks to collect it from the card owner.
Court: USDC Maryland, Judge: Rubin, Filed On: September 25, 2023, Case #: 1:22cv213, NOS: Consumer Credit - Other Suits, Categories: debt Collection, consumer Law
J. Boardman grants two loan officers and Wells Fargo their motions to dismiss for a lack of personal jurisdiction and failure to state a claim following allegations of consumer credit violations brought by a borrower. After the borrower took out a mortgage with the bank, she fell behind on her payments and timely rescinded the loan. Ten years later, Wells Fargo sent her a mortgage bill and continued to do so although she instructed them to stop. Neither of the officers works or lives in Maryland, so personal or specific jurisdiction cannot be applied. Also, the borrower claims that under the Fair Credit Reporting Act, Wells Fargo had no right to report that she falsely owed debts to consumer credit agencies. However, under this act, no private right of action exists, so she cannot proceed.
Court: USDC Maryland, Judge: Boardman, Filed On: September 22, 2023, Case #: 8:22cv1712, NOS: Consumer Credit - Other Suits, Categories: debt Collection, consumer Law, Banking / Lending