22 results for 'cat:"Debt Collection" AND cat:"Class Action"'.
J. Corley grants final approval to a $51,000 class settlement with Atlantic Recovery Solutions over alleged unfair debt collection practices. The terms appear fair and include $123,000 in attorney fees.
Court: USDC Northern District of California, Judge: Corley, Filed On: May 9, 2024, Case #: 3:22cv4108, NOS: Consumer Credit - Other Suits, Categories: debt Collection, Settlements, class Action
J. Seeger denies a formerly pro-se debt case litigant’s motion to remand her class action to state court. The litigant, while defending herself against a debt collection agency in state court, used an online service known as SoloSuit to file an answer to the debt collector’s complaint. However, SoloSuit never filed the answer it generated for her, leaving her scrambling to find a lawyer who could file the answer themselves. She then filed a class action against the makers of SoloSuit, who had it removed to federal court. The litigant attempted to have it moved back to state court, arguing her case doesn’t satisfy the federal court’s amount-in-controversy requirement, but the court disagrees. It finds her class action “plausibly alleges a potential recovery of more than $5 million.”
Court: USDC Northern District of Illinois, Judge: Seeger, Filed On: January 8, 2024, Case #: 1:23cv2365, NOS: Other Fraud - Torts - Personal Property, Categories: debt Collection, Jurisdiction, class Action
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J. Kronstadt grants final approval to a settlement that will bring an end to the consumer's class action accusing the debt collection company of sending him a notice of its intent to sell his repossessed vehicle without the required advanced notice and without several other disclosures, and then improperly demanding that the consumer pay the difference between the amount due under the sales contract and the amount received at the sale of the repossessed vehicle. Under the settlement agreement, the company will issue refund checks to class members who paid any amount of their deficiency balances and will waive the remaining deficiency balances of all class members. Class counsel is entitled to an award of $60,000 in fees.
Court: USDC Central District of California, Judge: Kronstadt, Filed On: November 21, 2023, Case #: 2:21cv6376, NOS: Consumer Credit - Other Suits, Categories: debt Collection, Settlements, class Action
Per curiam, a panel of the 11th Circuit finds that the district court improperly denied class certification to the consumers in an action against the consumer reporting agency arising from a technical error which misreported the consumers' debt collection status dates on their credit reports. A consumer does not have to prove actual damages to recover statutory damages under the Fair Credit Reporting Act for the agency's allegedly willful failure to comply with the statute's requirements. Vacated.
Court: 11th Circuit, Judge: Per curiam, Filed On: November 6, 2023, Case #: 22-11187, Categories: debt Collection, Damages, class Action
J. Faber grants the debt collection agency's motion for summary judgment in the student's suit alleging violations of the West Virginia Consumer Credit and Protection Act by the manner in which it and two subcontractors attempted to collect on her defaulted student loans. A July 12, 2019, letter sent to her that included "fees and costs" associated with collecting the debt was not deceitful since it had the approval of the U.S. Department of Education.
Court: USDC Southern District of West Virginia, Judge: Faber, Filed On: October 31, 2023, Case #: 1:21cv21, NOS: Consumer Credit - Other Suits, Categories: debt Collection, Business Practices, class Action
[Consolidated.] J. Gardephe partially grants the students' motion for class certification in a consumer law case accusing the lenders of fraudulently obtaining default judgments against the students for unprovable debts. The case shall proceed as a single class, not four separate classes, which appears to be an attempt to circumvent the $500,000-per-class statutory damages cap.
Court: USDC Southern District of New York, Judge: Gardephe, Filed On: September 27, 2023, Case #: 1:18cv7692, NOS: Consumer Credit - Other Suits, Categories: debt Collection, class Action
J. Gettleman grants a homeowner’s motion to certify a class action against a property owners association, its management firm and its legal counsel, finding he has suitably alleged that a class of homeowners like himself were hoodwinked into paying assessments that the property owners association had no right to collect.
Court: USDC Northern District of Illinois, Judge: Gettleman, Filed On: August 21, 2023, Case #: 1:17cv8055, NOS: Consumer Credit - Other Suits, Categories: debt Collection, Property, class Action
J. Merriam finds that the district court improperly established a new standard for fair credit reporting claims by holding that a threshold inquiry should occur on the nature of an alleged inaccuracy. It matter not whether a purported balloon payment reported by one credit agency on a borrower's auto loan constituted a "legal" or "factual" dispute, the former of which is not cognizable, but whether the information was verifiably accurate.
Court: 2nd Circuit, Judge: Merriam, Filed On: July 17, 2023, Case #: 22-87, Categories: debt Collection, class Action
J. Dillard finds that the trial court properly denied the debtor's motion for class certification on his class action counterclaim to the debt collector's action seeking payment for an allegedly delinquent credit card debt. The debtor failed to satisfy the numerosity requirement for class certification. Affirmed.
Court: Georgia Court of Appeals, Judge: Dillard, Filed On: June 7, 2023, Case #: A23A0403, Categories: debt Collection, class Action
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. Armstead reverses the lower court’s order denying the financing company’s motion to compel arbitration after its customer filed a class-action counterclaim challenging the company’s practices in their suit to collect the unpaid balance on a retail installment contract for a Lincoln MKX. Based on the customer’s own admission, the retail installment contract is authentic, the court finds the judge erred when he determined the financing company “failed to meet this light evidentiary burden.” Remanded.
Court: West Virginia Supreme Court Of Appeals, Judge: Armstead, Filed On: May 30, 2023, Case #: 22-0007, Categories: Arbitration, debt Collection, class Action