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Date: 12-20-2023

Case Style:

Amy Elizabeth Lordan v. Delaware Title Loans, Inc., et al.

Case Number: 1:23-cv-00051

Judge: Maryellen Noreika

Court: United States District Court for the District of Delaware (New Castle County)

Plaintiff's Attorney:



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Defendant's Attorney: Brittany M. Giusini for Delaware Title Loans, Inc.

Eric Scott Thompson for Predator Recovery and Towing, LLC

Description: Wilmington, Delaware consumer credit lawyer represented the Plaintiff who sued the Defendants on Fair Debt Collection Act violation theories.

The Fair Debt Collection Practices Act (FDCPA) is a federal law in the United States that protects consumers from abusive, deceptive, and unfair debt collection practices. It applies to debt collectors (individuals or companies) attempting to collect debts incurred primarily for personal, family, or household purposes. Here are some key points about the FDCPA:

Prohibited Practices:

The FDCPA prohibits debt collectors from engaging in a wide range of abusive and deceptive practices, including:
Threats and intimidation: Threatening violence, harm to reputation, or arrest.
False or misleading statements: Misrepresenting the amount of debt owed, claiming to be law enforcement, or using false pretenses to contact debtors.
Harassment: Calling debtors excessively, calling at inconvenient times, or contacting third parties like employers or neighbors about the debt.
Unfair communication: Using obscene or profane language, engaging in unfair credit reporting practices, or falsely claiming that legal action is imminent.

Consumer Rights:

The FDCPA grants consumers several important rights, including:
The right to be informed about the debt and the debt collector's identity.
The right to dispute the debt and request verification of its accuracy.
The right to stop the debt collector from contacting them directly.
The right to choose how they are contacted (e.g., by phone, mail, etc.).
The right to sue debt collectors for violations of the FDCPA and recover damages.

Additional Points:

The FDCPA does not apply to original creditors (e.g., credit card companies) collecting their own debts.
State laws may provide additional protections for consumers beyond the FDCPA.
If you believe a debt collector has violated the FDCPA, you can file a complaint with the Consumer Financial Protection Bureau (CFPB) or your state Attorney General's office.

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Outcome: 12/18/2023 19 STIPULATION of Dismissal Stipulation and Proposed Order of Dismissal by Delaware Title Loans, Inc.. (Giusini, Brittany) (Entered: 12/18/2023)
12/18/2023 20 SO ORDERED re 19 Stipulation and Order of Dismissal ***Civil Case Terminated. Signed by Judge Maryellen Noreika on 12/18/2023. (dlw) (Entered: 12/18/2023)

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