consumer case law

Court Shoots Down Sneaky Attempt to Foil a FDCPA Class Action

– Posted in: consumer case law

Plaintiff filed an action in state court alleging violations of the Fair Debt Collections Practices Act (FDCPA). Defendant MEDICREDIT, INC. transferred the action to a federal court. While there, MediCredit asked the federal court to dismiss the class action after it offered a judgment to the Plaintiff for $2000.00. The plaintiff filed a motion void [...]

Asset Acceptance Calls a Consumer a Fat Motherfucker While Trying to Collect Debt NJ Plaintiff Says

– Posted in: consumer case law

Asset Acceptance to be judged by a jury. Dopey Asset Acceptance, a debt collector, cannot hide behind procedure to exclude from evidence a voicemail that captured it accusing a consumer of being a “fat motherfucker.” A consumer filed a lawsuit in the federal court of New Jersey alleging that Asset Acceptance violated the Fair Debt [...]

FDCPA Court Permits Consumer to Admit Into Evidence a Settlement Payment to End a Time-Barred Collection Suit Against Stock & Grimes

– Posted in: consumer case law

Hamid v. Stock & Grimes.  In this consumer protection matter, a Pennsylvania consumer sued Stock & Grimes, LLP, a debt collection law firm, under the Fair Debt Collection Practices Act (FDCPA).  She sued Stock & Grimes for having first sued her in a state-court debt collection action.  She defended against the collection action claiming that [...]

Consumers Must File Credit Reporting Disputes with Credit Reporting Agencies, Appeals Court Reiterates

– Posted in: consumer case law
Asset Acceptance to Make Greater Use of Credit Reports When Deciding to Sue

  Essentially, a consumer has no rights under the Fair Credit Reporting Act (FCRA) unless he or she actually disputes an inaccurate credit report directly with the credit reporting agency. A consumer sued a couple of creditors alleging they misreported her mortgage payments to Experian, Equifax, TransUnion, and Innovis, the four largest credit reporting agencies [...]