254 results for 'nos:"Consumer Credit - Other Suits"'.
J. Huffaker grants, in part, a debt collector’s motion for summary judgment on the consumer’s unfair credit reporting and debt collection claims. The debt collector failed to reinvestigate the accuracy of the consumer’s name, addresses and social security number. Therefore, the discrepancies show that a dispute does exist as to the procedures being adapted to avoid discoverable errors making summary judgment inappropriate on the Fair Debt Collection Practices Act claim. The consumer’s motion for partial summary judgment is denied because she fails to show that a reasonable investigation would have revealed the inaccurate reporting.
Court: USDC Middle District of Alabama, Judge: Huffaker, Filed On: March 28, 2024, Case #: 1:22cv299, NOS: Consumer Credit - Other Suits, Categories: Debt Collection, Consumer Law
J. O'Hearn allows plaintiff to continue claims contending a sales representative for a solar company failed to disclose a financing agreement in relation to solar panel installation because the purported "welcome call" recording has not been authenticated. However, evidence does not support identity theft claims, and that the company sent documents to the wrong email address did not indicate an effort to commit fraud and forgery.
Court: USDC New Jersey, Judge: O'Hearn , Filed On: March 28, 2024, Case #: 1:23cv2623, NOS: Consumer Credit - Other Suits, Categories: Fraud, Consumer Law
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J. Tostrud grants the debt collector's motion to dismiss the purported debtor's action against it alleging that it sought to collect a debt that it did not own and that documents it submitted in state court or sent to her were misleading or inaccurate. The debtor lacks standing to bring two claims under the Fair Debt Collection Practices Act, a claim that the collector attempted to collect a debt it did not own is collaterally estopped by a state-court judgment, and additional FDCPA claims stemming from alleged defects in a state-court summons fail because the summons was not fatally defective.
Court: USDC Minnesota, Judge: Tostrud, Filed On: March 25, 2024, Case #: 0:21cv2614, NOS: Consumer Credit - Other Suits, Categories: Debt Collection, Consumer Law
J. Hammer dismisses a class action alleging the debt collector attempted to collect debts without being properly licensed and by using threatening tactics. None of the language of the collection letters could be interpreted as threatening or harassing, the complaint mentions no expenses or actions taken as a result of the letters, and the borrower does not propose he was confused by letters as to the amount allegedly owed.
Court: USDC New Jersey, Judge: Hammer , Filed On: March 21, 2024, Case #: 2:18cv2388, NOS: Consumer Credit - Other Suits, Categories: Debt Collection
J. Zilly denies the debt collector's motion to dismiss the Washington Consumer Protection Act and Washington Collection Agency Act claims in the lease holder's complaint alleging that the debt collector and its employee tried to report a $33,500 debt that the lease holder did not owe for allegedly breaking an apartment lease. The Washington Supreme Court held that a CPA can proceed with an out-of-state plaintiff like the leaseholder if the defendant engaged "in unfair or deceptive acts that directly or indirectly affect the people of Washington," which applies in this case because the debt collector does business in Washington and affects people in Washington.
Court: USDC Western District of Washington, Judge: Zilly, Filed On: March 19, 2024, Case #: 2:22cv1791, NOS: Consumer Credit - Other Suits, Categories: Debt Collection, Consumer Law
J. Woodcock affirms the dismissal of a woman’s applications for in forma pauperis status because they fail to comply with the court’s orders to provide detailed and accurate information. The information the woman provided was contradictory because she claimed to be without income but also to work for a nonprofit, to have $3,000 worth of monthly expenses, including spending $600 per month on her Saint Bernard, and to own a 2020 Jeep.
Court: USDC Maine, Judge: Woodcock, Filed On: March 18, 2024, Case #: 1:23cv460, NOS: Consumer Credit - Other Suits, Categories: False Claims, Attorney Fees
J. Shea denies the credit agencies' motion to dismiss, ruling that even though the borrower's settlement and revocation of acceptance with the car dealer do not objectively show a transfer of the debt, the "60 days late" statements on the borrower's credit report are objectively inaccurate and give him standing to pursue Fair Credit Reporting Act claims.
Court: USDC Connecticut, Judge: Shea, Filed On: March 18, 2024, Case #: 3:23cv518, NOS: Consumer Credit - Other Suits, Categories: Evidence, Consumer Law
J. McAuliffe recommends granting, in part, $7,100 in attorney fees and costs to an individual following her acceptance of judgment in her debt collection case. The requested $16,700 is reduced, in part, because the requested hourly rates for the attorneys and paralegals does not reflect prevailing market rates for the district.
Court: USDC Eastern District of California, Judge: McAuliffe, Filed On: March 13, 2024, Case #: 1:23cv186, NOS: Consumer Credit - Other Suits, Categories: Debt Collection, Attorney Fees
J. Karas partially denies the bank's motion to dismiss a consumer's Fair Credit Reporting Act claims against it stemming from its report of a delinquent payment despite her enrollment in a Covid-19 disaster relief program. A jury could find that the bank acted recklessly by investigating only one kind of record - the consumer's payment history - in response to the dispute notices it received from credit reporting agencies, despite records being available of the consumer's conversations with bank representatives about her enrollment in the Covid-19 program.
Court: USDC Southern District of New York, Judge: Karas, Filed On: March 8, 2024, Case #: 7:22cv6327, NOS: Consumer Credit - Other Suits, Categories: Debt Collection, Banking / Lending
J. Tunheim partially grants summary judgment to the credit reporting agency in the consumer's suit alleging that it failed to remove information about an alleged debt from her credit report after a state court found that the creditor could not establish that it owned the debt. The consumer has not met her prima facie burden to show that the creditor was an unreliable source of credit information, nor that any violations of the Fair Credit Reporting Act. Material fact questions persist as to whether the credit reporting agency's information was accurate, whether it reasonably reinvestigated the consumer's disputes and whether the consumer suffered actual damages.
Court: USDC Minnesota, Judge: Tunheim, Filed On: March 4, 2024, Case #: 0:22cv86, NOS: Consumer Credit - Other Suits, Categories: Evidence, Consumer Law
J. Patricco denies in part a debt collector's motion to dismiss a couple's Fair Debt Collection Practices Act claims stemming from the debt collector allegedly making dozens of harassing phone calls, including to the couple's places of employment, to collect on a home renovation loan despite the couple informing them that they were represented by counsel and were disputing the debt. The Fair Debt Collection Practices Act claims may proceed through discovery.
Court: USDC Idaho, Judge: Patricco, Filed On: March 4, 2024, Case #: 1:23cv44, NOS: Consumer Credit - Other Suits, Categories: Debt Collection
J. Winmill grants the credit reporting agency's motion for reconsideration regarding an individual's allegations of violation of the Fair Credit Reporting Act by allegedly inaccurately reporting debts on her credit report that were previously discharged in bankruptcy. The court's prior memorandum decision and order is modified, granting summary judgment on the individual's willfulness claim. "A jury could not reasonably conclude that Experian willfully violated the FCRA by continuing to report" the individual's account.
Court: USDC Idaho, Judge: Winmill, Filed On: March 4, 2024, Case #: 1:21cv465, NOS: Consumer Credit - Other Suits, Categories: Bankruptcy, Debt Collection, Consumer Law