81 results for 'cat:"Debt Collection" AND cat:"Consumer Law"'.
J. Griggsby grants a lender its motion to dismiss allegations of debt collection laws brought by a car buyer for its requirement and acceptance of a cash down payment. The buyer argues she shouldn’t have paid cash based on the law and that the lender later sent her loan charges she did not recognize. However, the lender is not a debt collector as defined under said law and the buyer fails to sufficiently claim that cash should not be involved in this consumer credit transaction. Also, the lender did charge her correctly and repossessed the car due to non-payment.
Court: USDC Maryland, Judge: Griggsby, Filed On: August 3, 2023, Case #: 8:22cv1938, NOS: Consumer Credit - Other Suits, Categories: debt Collection, Vehicle, consumer Law
J. Chuang grants a group of credit card debt collectors its motion to dismiss allegations of consumer protection law violations brought by a class of card owners. The class argues that the group of collectors is required by the state to be licensed in order to buy and sell debt, but legislative history and case law show that these unlicensed debt buyers are not technically “in the business of making loans” because they only extend existing credit and offer payment plans for repaying debt. Thus, they are not subject to the specified consumer protection laws.
Court: USDC Maryland, Judge: Chuang, Filed On: July 31, 2023, Case #: 8:22cv2461, NOS: Consumer Credit - Other Suits, Categories: debt Collection, consumer Law
J. Frank grants the bank's motion to dismiss the consumer's amended complaint alleging several violations of law related to collection and reporting of an alleged debt, along with an Americans with Disabilities Act claim. The ADA allegations are not related to those against the bank, the consumer has not alleged that the bank knew or should have known it had furnished the consumer with fraudulent information, the parties' contract need not include permission to engage debt collectors to make their engagement permissible, the bank is not a debt collector, and the consumer has not adequately alleged a factual inaccuracy in the bank's reporting of debts.
Court: USDC Minnesota, Judge: Frank, Filed On: July 17, 2023, Case #: 0:22cv2421, NOS: Consumer Credit - Other Suits, Categories: debt Collection, Fraud, consumer Law
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J. Meyer grants the debt collector's motion to dismiss, ruling the consumer lacks standing to bring a Fair Debt Collection Practices Act claim. She failed to allege she suffered any harm as a result of misleading sets of dates included on collection notices. Although the dates for debt disputes varied between several collection notices, the consumer never attempted to dispute the debt.
Court: USDC Connecticut, Judge: Meyer, Filed On: June 28, 2023, Case #: 3:22cv1621, NOS: Consumer Credit - Other Suits, Categories: debt Collection, consumer Law
J. King finds in favor of the loan agency for the patient's claim that it wrongfully attempted to collect a $2,700 medical debt that arose when the patient gave birth to her daughter in 2015, and a discrepancy with recording the date of birth led Medicaid to reject the medical center's submission of the patient's claim. The loan agency is entitled to summary judgment because none of the evidence supports the patient's argument that she did not owe a debt when the loan agency began its collection efforts and credit reporting, and it was not the loan agency's duty to investigate the validity of the debt before it was forgiven in 2021.
Court: USDC Western District of Washington, Judge: King, Filed On: June 27, 2023, Case #: 3:21cv5238, NOS: Consumer Credit - Other Suits, Categories: debt Collection, Evidence, consumer Law
J. Rovner finds that the lower court improperly dismissed a Fair Debt Collection Practices Act suit alleging that a debt servicer improperly sent her misleading notices of a debt she owed to a different entity. The servicer's letter led the debtor to unnecessarily expend additional time and money to re-validate her debt, to ensure that it was accurate and valid. Reversed.
Court: 7th Circuit, Judge: Rovner, Filed On: June 7, 2023, Case #: 21-2792, Categories: debt Collection, consumer Law
J. Conley finds Kia's finance company did not violate any Wisconsin consumer protection laws in attempting to have the consumer's car repossessed when she fell behind on her payments, which involved a repossession employee following her and her son as they drove the car away from her home and onto the interstate before they lost him. All of the consumer's illegal repossession, unlawful debt collection, unconscionable conduct and bad faith claims under Wisconsin law all fail, in part because she has presented no evidence that Kia approved of or directed the actions of the repossession company.
Court: USDC Western District of Wisconsin, Judge: Conley, Filed On: June 1, 2023, Case #: 3:21cv411, NOS: Other Statutory Actions - Other Suits, Categories: debt Collection, consumer Law
J. Tunheim awards $43,283 of the consumer's requested $50,000 in attorney fees following a judgment in her favor in her suit against the creditor and credit reporting company alleging that they continued reporting a debt after a conciliation court judge found that the creditor had failed to show that it owned the subject account. The consumer's attorney's requested rate is unreasonably high, but only by $30, not the $65 difference requested by the creditor. Small adjustments in counsel's requested hours are also made.
Court: USDC Minnesota, Judge: Tunheim, Filed On: June 1, 2023, Case #: 0:22cv86, NOS: Consumer Credit - Other Suits, Categories: debt Collection, consumer Law, Attorney Fees
J. Flanagan denies, in part, a debt collector's motion to dismiss an individual's consumer claims related to its attempt to collect more than $6,000 in collection fees on a $314 debt she owed a homeowners' association and the subsequent lien it placed on her home. She has alleged sufficient facts to support her claims under the Fair Debt Collection Practices Act and two state debt collection laws, along with her class claims.
Court: USDC Eastern District of North Carolina, Judge: Flanagan, Filed On: May 31, 2023, Case #: 5:22cv302, NOS: Consumer Credit - Other Suits, Categories: debt Collection, consumer Law, Class Action
J. Gaughan denies, in part, the debt collector's motion for summary judgment, ruling that because the debt ownership letter was not authenticated by the collector before being submitted to the court as evidence, the consumer has stated a plausible Fair Debt Collection Practices Act violation for the collector's failure to disclose the owner of the debt included in the collection notice.
Court: USDC Northern District of Ohio, Judge: Gaughan, Filed On: May 17, 2023, Case #: 1:22cv1265, NOS: Consumer Credit - Other Suits, Categories: debt Collection, Evidence, consumer Law