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FDCPA Law
 
Garry L. Solomon v. Baer & Timberlake, P.C.

Garry L. Solomon appeals from the district court’s decision granting summary judgment in favor of Baer & Timberlake, P.C. (“B&T”) on his claims under the Fair Debt Collection Practices Act (“FDCPA”), 15 U.S.C. §§ 1692-1692p. Exercising our jurisdiction pursuant to 28 U.S.C. § 1291, we affirm.

I. Factual and Procedural Background

B&T was hired by HSBC Mortgage Corporation... More...
   $0 (12-04-2012 - OK)

Candy Guajardo v. GC Services, L.P.

Candy Guajardo owed GC Services, LP’s (“GC”) $400.45 for an unpaid Sprint telephone bill. Guajardo alleged that when GC attempted to collect payment, GC mailed letters to her home address and made threatening and harassing telephone calls to her at work in an effort to collect the debt. Id. Guajardo filed suit against GC, alleging violations of the Fair Debt Collection Practices Act (the “... More...   $0 (11-08-2012 - TX)

Leanna J. Webb v. Asset Acceptance, LLC

Leanna J. Webb appeals the district court’s order and opinion granting summary judgment to Asset Acceptance, LLC.

In 2005, Webb opened a credit card account with National City Bank. She closed the account in 2006. In 2009, Asset Acceptance filed a complaint against Webb in a Kentucky state court, alleging that it had purchased Webb’s credit card account from National City Bank and that ... More...
   $0 (10-10-2012 - OH)

Tracy Lind v. Midland Funding, L.L.C.

Tracy and Steve Lind filed this suit after defendants attached funds in the Linds' joint bank account pursuant to Minnesota's garnishment laws. The Linds allege that defendants deprived Tracy of her due process rights in violation of 42 U.S.C. § 1983 and that defendants violated the Fair Debt Collection Practices Act, 15 U.S.C. § 1692 (FDCPA). The district court1 dismissed both claims. We affirm... More...   $0 (08-09-2012 - MN)

Janet McMurray v. Procollect, Inc.

An individual owing a debt sued a debt collection agency. The suit alleged the agency’s debt-collection letter violated the Fair Debt Collection Practices Act by contradicting and overshadowing the statutory notices in the letter. The district court concluded that the letter did not violate the statute. We AFFIRM.

FACTUAL AND PROCEDURAL BACKGROUND

In September 2009, ProCollect, a d... More...
   $0 (07-18-2012 - TX)

Izell Reese v. Ellis, Painter, Ratterree & Adams, L.L.P.

Izell and Raven Reese defaulted on a loan that they had secured by giving the lender a mortgage on their property. A law firm representing the lender sent the Reeses a letter and documents demanding payment of the debt and threatening to foreclose on the property if they did not pay it. The Reeses then filed a putative class action lawsuit against the law firm alleging that the communication viola... More...   $0 (05-01-2012 - GA)

Lisa Bridge v. Ocwen Federal Bank, FSB

The Fair Debt Collection Practices Act was passed to protect consumers against both abusive and mistaken collection activity. This case reveals why. It began with seemingly innocuous accounting errors on the part of a bank that were corrected. Despite repeated proof of that correction, unremitting collection activity was undertaken, foreclosure proceedings were instituted, and the credit of two co... More...   $0 (04-30-2012 - OH)

Discovery Bank v. Joy A. Morgan

This case began when Discover Bank (“Discover”) filed an action against Joy A. Morgan (“Morgan”) on March 23, 2006. In its complaint, Discover alleged that Morgan owed $16,341.52 in principal on a credit card issued by Discover, and that Morgan breached the cardmember agreement by failing to meet its payment terms. Accordingly, Discover sought a judgment for the principal and interest due,... More...   $0 (03-27-2012 - TN)

Leonides Lorenzo Cruz v. International Collection Corporation

Defendants-Appellants International Collection Corporation and Charles D. Hendrickson appeal the district court’s grant of summary judgment in favor of plaintiff-appellee Her- minia Lorenzo Cruz on her claim under the Fair Debt Collection Practices Act (FDCPA), 15 U.S.C. § 1692 and the district court’s orders granting three of plaintiff ’s post-summary judgment motions. The notice of appeal... More...   $0 (03-08-2012 - CA)

Victor Gulley v. Markoff & Krasny

Victor Gulley appeals the dismissal of his lawsuit against Markoff & Krasny, a debt-collection law firm, for alleged violations of the Fair Debt Collection Practices Act, 15 U.S.C. §§ 1692-1692p, which protects consumers against harassment and unfair collection methods. Because we agree with the district court that the alleged debts at issue in this case are not “debts” as defined by the FDC... More...   $0 (12-22-2011 - IL)

Olivea Marx v. General Revenue Corporation

Plaintiff-Appellant Olivea Marx appeals from the district court's judgment in favor of Defendant-Appellee General Revenue Corporation (“GRC”). After a bench trial, the district court found no violation of the Fair Debt Collection Practices Act (“FDCPA”) and awarded costs to GRC in the amount of $4,543. We have jurisdiction under 28 U.S.C. § 1291, and we affirm.

Background

Ms... More...
   $0 (12-21-2011 - CO)

Melissa Avdeef v. National Auto Finance Company

Appellant Melissa Avdeef appeals from the trial court’s summary judgment in favor of Appellee National Auto Finance Company (NAFC) on its claims against Avdeef for breach of contract and foreclosure of its security interest and against Avdeef on her counterclaims. Avdeef, who is proceeding pro se, argues in five issues that the trial court erroneously exceeded the four corners of the contract i... More...   $0 (12-15-2011 - TX)

Meril Curtis v. Citibank, South Dakota, N.A.

¶1 Meril Curtis (Curtis) appeals from an order of the Fourth Judicial District Court, Missoula County, finding in favor of Citibank, South Dakota, N.A. (Citibank) on Citibank’s Motion for Judgment on the Pleadings. We reverse and remand.

¶2 Curtis argues several issues, which we reframe as follows: Did the District Court err in determining that Curtis’ state law claims were preempted ... More...
   $0 (10-04-2011 - MT)

Roger Shuler v. Ingram & Associates, NCO Financial Systems, Inc.

Roger and Carol Shuler (“the Shulers”), proceeding pro se, appeal the district court’s order granting the summary judgment motions of defendants Ingram & Associates (“Ingram”) and NCO Financial Systems, Inc. (“NCO”) on all claims raised in the Shulers’s complaint as amended, which alleged violations of the Fair Debt Collection Practices Act (“FDCPA”), 15 U.S.C. § 1692, et seq.... More...   $0 (09-29-2011 - AL)

Darwin Lesher v. Law Offices of Mitchell N. Kay, P.C.

Darwin Lesher filed a complaint in the United States District Court for the Middle District of Pennsylvania alleging that debt-collection letters he received from the Law Offices of Mitchell N. Kay (the “Kay Law Firm”) were deceptive under the Fair Debt Collection Practices Act (the “FDCPA” or the “Act”). The District Court agreed and granted Lesher‟s motion for summary judgment. The... More...   $0 (06-21-2011 - PA)

Racine Riverside Marine, Inc. v. Hansel M. DeBartolo, Jr.

Hansel M. DeBartolo, Jr., appeals a judgment entered against him granting Racine Riverside Marine, Inc. a lien for unpaid storage fees for his sailboat. His grounds are improper jurisdiction, lack of contract, improperly amended complaint and failure to comply with Wis. Stat. § 779.43 (governing lien rights). He also argues that sanctions should have been levied against opposing counsel for fai... More...   $0 (05-18-2011 - WI)

Geaniece D. Carter v. AMC, LLC

Geaniece Carter rented anapartment at Riverstone Apartments in Bolingbrook,Illinois. AMC, LLC, managed the building on behalf of its owner, Jackson Square Properties. AMC filed suit in state court to have Carter evicted. (AMC’s name at the time was American Management Consultants, LLC; we use its current name in this opinion.) The trial court entered an eviction order but the appellate court re... More...   $0 (05-13-2011 - IL)

Ceaniece D. Carter v. AMC, LLC

Geaniece Carter rented an apartment at Riverstone Apartments in Bolingbrook, Illinois. AMC, LLC, managed the building on behalf of its owner, Jackson Square Properties. AMC filed suit in state court to have Carter evicted. (AMC’s name at the time was American Management Consultants, LLC; we use its current name in this opinion.) The trial court entered an eviction order but the appellate court r... More...   $0 (05-13-2011 - IL)

Hector L. Huertas v. Galaxy Asset Management

Hector Huertas appeals pro se from the District Court‟s dismissal of his claims against Asset Management Professionals (“AMP”) and Applied Card Bank f/k/a Cross Country Bank (“ACB”).1 For the following reasons, we will affirm.

I.

In addition to AMP and ACB, Huertas brought this lawsuit against four other defendants – Galaxy Asset Management f/k/a Galaxy Asset purchasing (... More...
   $0 (04-11-2011 - NJ)

Hector L. Huertas v. Galaxy Asset Management

Hector Huertas appeals pro se from the District Court‟s dismissal of his claims against Asset Management Professionals (“AMP”) and Applied Card Bank f/k/a Cross Country Bank (“ACB”).1 For the following reasons, we will affirm.

I.

In addition to AMP and ACB, Huertas brought this lawsuit against four other defendants – Galaxy Asset Management f/k/a Galaxy Asset purchasing (... More...
   $0 (04-11-2011 - NJ)

Jonathan Hess v. Cohen & Slamowitz, LLP

The Fair Debt Collection Practices Act (“FDCPA”) delimits the proper venues in which a debt collector may bring a legal action to collect on a consumer debt. In pertinent part, the FDCPA’s venue provisions require that such actions be brought “only in the judicial district or similar legal entity . . . in which [the] consumer resides at the commencement of the action.” 15 U.S.C. § 1692i... More...   $0 (03-13-2011 - NY)

Timothy McCollough v. Johnson, Rodenburg & Lauinger, L.L.C.

Debt collection law firm Johnson, Rodenburg & Lauinger (“JRL” or “the law firm”) appeals from the entry of summary judgment against it under the federal Fair Debt Collection Practices Act (“FDCPA”), and from a subsequent jury verdict awarding damages under the FDCPA, the Montana Unfair Trade Practices and Consumer Protection Act (“MCPA”), and state torts of malicious prosecution an... More...   $0 (03-04-2011 - MT)

Nemesio Castro v. Collecto, Inc.

This class action arises out of an allegedly unlawful attempt to collect a debt arising from an unpaid mobile phone bill. The named plaintiff, Nemesio Castro, a debtor, sued two debt collectors (collectively “the defendants”) for allegedly violating the Fair Debt Collection Practices Act (“the FDCPA”), 15 U.S.C. § 1692 et seq., by sending letters that, he claimed, threatened to sue on an ... More...   $0 (02-24-2011 - TX)

Jonathan Hess v. Cohen & Slamowitz, L.L.P.

The Fair Debt Collection Practices Act (“FDCPA”) delimits the proper venues in which a debt collector may bring a legal action to collect on a consumer debt. In pertinent part, the FDCPA’s venue provisions require that such actions be brought “only in the judicial district or similar legal entity . . . in which [the] consumer resides at the commencement of the action.” 15 U.S.C. § 1692i... More...   $0 (02-23-2011 - NY)

Wes Johnson v. Wells Fargo Home Mortgage, Inc.

The District Court, believing it was implementing an agreement between the parties, did not review an arbitrator’s award when presented with motions to confirm and to vacate the award under the Federal Arbitration Act, 9 U.S.C. §§ 1 et seq.

It instead passed initial review of the award onto this appellate court. We should not, and will not, permit the Congressionally-established structu... More...
   $0 (02-19-2011 - NV)

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