14 results for 'cat:"Debt Collection" AND cat:"Jurisdiction"'.
J. Chuang grants a tenant’s motion for modification of the order of remand to require payment of actual expenses and attorney fees in this fair credit reporting and consumer protection dispute against a property manager and management company. The tenant became very ill and had to relocate due to growth of mold withholding rent and late fees. This case will proceed to trial soon in state court, but this court will retain jurisdiction only for confirming and awarding attorney fees and costs.
Court: USDC Maryland, Judge: Chuang, Filed On: April 16, 2024, Case #: 8:24cv452, NOS: Consumer Credit - Other Suits, Categories: debt Collection, Landlord Tenant, jurisdiction
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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
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. Pepper grants the consumer's motion to remand to state court her lawsuit claiming the debt collector's dunning letter overstated the amount of her debt and made misleading statements about potential late charges and other fees. The consumer correctly argues that she lacks standing to bring her suit under federal rules because she has not suffered a concrete injury, so the court lacks subject-matter jurisdiction over her case. The consumer is awarded costs associated with filing her motion to remand, as the debt collector had no reasonably objective basis to remove the case in the first place.
Court: USDC Eastern District of Wisconsin, Judge: Pepper, Filed On: October 10, 2023, Case #: 2:23cv870, NOS: Consumer Credit - Other Suits, Categories: debt Collection, jurisdiction
J. Goodwin adopts the magistrate judge’s proposed findings and recommendation granting the automobile dealer’s motion to dismiss the suit claiming fraudulent inducement an unfair debt collection after the dealership assigned the security agreement in the retail installment contact on the 2021 Audi Q7 SUV they signed on Aug. 13, 2021, to United Bank. Finding the dealership is not subject to the Fair Debt Collection Practices Act, the court finds it lacks subject matter jurisdiction since the customer’s dispute is one of simple contract and tort law.
Court: USDC Southern District of West Virginia, Judge: Goodwin, Filed On: September 29, 2023, Case #: 2:22cv507, NOS: Other Contract - Contract, Categories: debt Collection, Fiduciary Duty, jurisdiction
J. Pearce finds that the trial court properly held that the Labor Commission has exclusive jurisdiction over this workers' compensation reimbursement dispute. While trial courts have jurisdiction over some reimbursement claims, this dispute involves questions that only the Commission can resolve, such as the extent to which workplace injuries caused claimant's medical conditions. Affirmed.
Court: Utah Supreme Court, Judge: Pearce, Filed On: September 28, 2023, Case #: 20220471, Categories: debt Collection, jurisdiction, Workers' Compensation
J. Mays grants the defendant company's dismissal motion in this lawsuit brought by an individual under the Fair Debt Collection Practices Act. The individual plaintiff fails to establish standing, as she has not shown that she suffered an emotional injury or that the company "made a definite promise of a payment plan and violated that promise." Accordingly, the complaint is dismissed for lack of jurisdiction, though the individual plaintiff is granted leave to amend.
Court: USDC Western District of Tennessee , Judge: Mays, Filed On: September 7, 2023, Case #: 2:22cv2656, NOS: Consumer Credit - Other Suits, Categories: debt Collection, Consumer Law, jurisdiction