Court grants summary judgment for lack of disputed debt evidence

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On May 7, the U.S. District Court for the Western District of Oklahoma entered into an order granting summary judgment in favor of the defendant, a debt recovery agency, on the basis that the plaintiff, an individual, failed to prove that the defendant knowingly provided false information to credit agencies in violation of the FDCPA. In this case, the plaintiff alleged violations of the FDCPA due to the defendant’s failure to report his debt as disputed to credit agencies.

The plaintiff claimed that he disputed the debt during a phone call with the defendant by questioning the balance owed on his account. Upon reviewing the call recording and other evidence, the Court found that the plaintiff did not actually dispute the debt during the call and instead asked about the charges. Since there was no evidence of an actual dispute, the Court granted summary judgment in the defendant’s favor.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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