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Debt Collection › Consumer Protection Laws › Motion to Dismiss

Offit Kurman

Shutting Down a Scam Lawsuit in Three Days

Offit Kurman on

Imagine waking up to a bank notification that you just received money from a total stranger. That’s exactly what happened to a recent out-of-state client. Eight months pregnant, no ties to Virginia, and without a clue as to...more

Orrick, Herrington & Sutcliffe LLP

District court finds written dispute not needed for FDCPA claim

Orrick, Herrington & Sutcliffe LLP on

On August 12, a federal judge in a Georgia district court denied a debt collector’s motion to dismiss an FDCPA lawsuit, holding that the consumer was not required to submit a dispute in writing to allege a violation of...more

Troutman Pepper Locke

Texas Federal District Court Grants Summary Judgment on FDCPA and TDCA Claims Over Texts and Calls to a Wrong Number

Troutman Pepper Locke on

In a recent decision from the U.S. District Court for the Southern District of Texas, the court granted summary judgment in favor of the defendants in a Fair Debt Collection Practices Act (FDCPA) and Texas Debt Collection Act...more

McGlinchey Stafford

Litigation Byte (May 2025 Edition)

McGlinchey Stafford on

Delivered in digestible, insightful bites, McGlinchey’s Litigation Byte is a monthly roundup of financial services decisions and cases nationwide that impact your business....more

McGlinchey Stafford

Third Circuit Finds Class Plaintiff Lacks Standing to Sue Under the FDCPA

McGlinchey Stafford on

The Third Circuit Court of Appeals recently affirmed the district court’s decision to dismiss a putative class action against a collection company on the grounds that the plaintiff lacked standing to sue under the Fair Debt...more

McGlinchey Stafford

District Court Holds Debt Verification In Response to Consumer’s Letter Refusing to Pay, But Disputing the Debt, Is Not a FDCPA...

McGlinchey Stafford on

A United States District Judge for the U.S. District Court for the District of Maryland rejected a plaintiff’s arguments that a debt collector’s verification of a debt in response to a letter refusing to pay, but disputing...more

Troutman Pepper Locke

It’s All in a Name: Debt Collector Wins Summary Judgment Based on Name Provided By Its Client

Troutman Pepper Locke on

Finding that the defendant debt collector was entitled to rely on the information provided by its client about the name of the debtor, a district court judge in Washington state granted summary judgment in favor of Puget...more

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