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Motion to Dismiss Class Action Debt Collection

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Judge Dismisses FDCPA Case Alleging Violations Based on Undated Model Validation Notice

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On November 20, a judge for the Southern District of New York granted a motion to dismiss a Fair Debt Collection Practices Act (FDCPA) class-action holding that a simple lack of a date on a model validation notice did not...more

Smith Debnam Narron Drake Saintsing & Myers,...

District Court Judge Expresses “Judicial Displeasure” with Language in Validation Notice, Finds Plausible Claim for § 1692g(a)(2)...

The U.S. District Court for the District of New Jersey recently expressed “judicial displeasure” with the language in a collection letter when it granted in part and denied in part a debt collector’s motion to dismiss a...more

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Ambiguity in Debt Collection Letters: The United States District Court for the Middle District of North Carolina Denies Motion to...

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In Golden v. Benjamin, Judge Schroeder, of the United States District Court for the Middle District of North Carolina, denied Higgins Benjamin, PLCC’s (“Higgins”) motion to dismiss a class action claim brought by Mark and...more

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