78 results for 'cat:"Debt Collection" AND cat:"Consumer Law"'.
J. Bredar grants a landlord’s motion to dismiss lease agreement dispute brought by a tenant who alleges the apartment had habitability issues and she opened a rent escrow action. The court finds this case should be dismissed for the tenant’s failure to effect service and she has been harassed in an attempt to collect a debt by sufficiently stating the claim. The motion for default judgment is granted in favor of the tenant, she needs to file an additional accounting brief.
Court: USDC Maryland, Judge: Bredar, Filed On: April 15, 2024, Case #: 1:23cv342, NOS: Consumer Credit - Other Suits, Categories: debt Collection, Landlord Tenant, consumer Law
J. Biggs partially denies Experian’s motion to dismiss allegations of credit reporting violations brought by a class of credit consumers. Members of the class claim Experian’s purported attempts at investigating claims they brought against lenders were insufficient. In some cases, Experian allegedly refused to reinvestigate after their findings aligned with the lenders, who had made mistakes on the members’ accounts which caused them to default. The count of failure to conduct re-investigation against Experian survives.
Court: USDC Middle District of North Carolina, Judge: Biggs, Filed On: March 29, 2024, Case #: 1:23cv409, NOS: Consumer Credit - Other Suits, Categories: debt Collection, consumer Law, Banking / Lending
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
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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. 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. 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
J. Lin denies the debt collection agency summary judgment against the patient's complaint alleging that the debt collection agency sought a default judgment for medical debt that the patient did not owe. The debt collection agency argues that the patient cannot establish an injury because the underlying default judgment against her cannot be vacated as a final judgment, but the debt collection agency does not provide a legal authority to support its argument.
Court: USDC Western District of Washington, Judge: Lin, Filed On: February 15, 2024, Case #: 2:22cv255, NOS: Consumer Credit - Other Suits, Categories: debt Collection, consumer Law
J. Bell grants a debt collection agency’s motion to dismiss allegations of unfair debt collection brought by a consumer after she moved and the agency garnished her wages. The consumer claims that the agency violated federal debt collection law because she lived in North Carolina at the time of notification, even though she incurred the debt in Mississippi. However, because she produces no evidence of whether she signed the debt contract in Mississippi or elsewhere, she cannot use this law to allege the agency’s violation.
Court: USDC Western District of North Carolina, Judge: Bell, Filed On: February 5, 2024, Case #: 5:21cv102, NOS: Consumer Credit - Other Suits, Categories: debt Collection, consumer Law, Banking / Lending
J. Pepper grants the consumer's motion to remand to Racine County Circuit Court his lawsuit alleging violations of state and federal law by the debt collector, as neither the debt collector nor the consumer have shown he suffered concrete injury and has Article III standing. There is no subject matter jurisdiction to rule on the debt collector's motions to compel the consumer's discovery responses and for sanctions against him, as well as its motion for judgment on the pleadings.
Court: USDC Eastern District of Wisconsin, Judge: Pepper, Filed On: January 30, 2024, Case #: 2:22cv1184, NOS: Consumer Credit - Other Suits, Categories: debt Collection, consumer Law
J. D’Agostino dismisses the last remaining defendant from a consumer credit complaint that alleges a homeowner’s mortgage lender erroneously reported her mortgage as discharged after she filed for Chapter 7 bankruptcy even though she continued to make payments until the debt had been satisfied. While she successfully alleges she suffered an injury in that she has been unable to secure additional lines of credit due to the inaccurate information, the court finds her credit report is essentially accurate.
Court: USDC Northern District of New York, Judge: D’Agostino, Filed On: January 24, 2024, Case #: 3:23cv147, NOS: Consumer Credit - Other Suits, Categories: Bankruptcy, debt Collection, consumer Law
J. Boyle denies Equifax’s motion to dismiss allegations of fair credit reporting law violations brought by a consumer after a credit company blocked her from accessing her account, even though it was the only way she could pay off her debt. The company began to report her debt to Equifax and other credit agencies as delinquent despite the fact it continued to block her access. The consumer contacted the company and the agencies regarding the matter, but none took any steps to remedy the situation and the delinquency affected her credit negatively. Because Equifax took no action and continued to report the consumer’s debt as delinquent, the consumer’s claim will proceed.
Court: USDC Eastern District of North Carolina, Judge: Boyle, Filed On: January 19, 2024, Case #: 5:23cv279, NOS: Consumer Credit - Other Suits, Categories: debt Collection, consumer Law
J. Oliver grants the debt collector's motion for summary judgment, ruling that while the Fair Debt Collection Practices Act allows claims related to rental properties, the renter's sole federal claim is not viable because he did not make any payments based on the allegedly misleading collection notices; therefore, this court lacks jurisdiction over the case.
Court: USDC Connecticut, Judge: Oliver, Filed On: January 2, 2024, Case #: 3:19cv1191, NOS: Consumer Credit - Other Suits, Categories: debt Collection, consumer Law, Jurisdiction
J. Dlott grants the debt collector's motion for summary judgment, ruling that because the consumer failed to disclose this lawsuit during bankruptcy proceedings, she is judicially estopped from bringing the Fair Debt Collections Practices Act claims against the collector.
Court: USDC Southern District of Ohio, Judge: Dlott, Filed On: December 19, 2023, Case #: 1:21cv291, NOS: Consumer Credit - Other Suits, Categories: Bankruptcy, debt Collection, consumer Law
J. Oliver grants a lender dismissal because the borrower's prior suit, which contains nearly identical allegations and relates to the same mortgage loan, remains pending before the court.
Court: USDC Connecticut, Judge: Oliver, Filed On: December 7, 2023, Case #: 3:21cv609, NOS: Consumer Credit - Other Suits, Categories: Civil Procedure, debt Collection, consumer Law