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CEB Prac. Guide § 2A.34R — False or Misleading Representations (Suggestion that Lawsuit Will Be Filed)

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District Court (Cal.) Finds FDCPA Defendant Not Entitled to Summary Judgment in Collecting on Out-of-Statute Debt

by Scott J. Hyman |

In Finley v. Dynamic Recovery Solutions LLC, 2015 WL 3750140 (N.D. Cal. 2015), Judge Henderson denied Defendant’s summary judgment motion as to Plaintiff’s claim that the Defendant violated the FDCPA for collecting on out-of-statute debt. The Ninth Circuit has not yet determined whether a threat of litigation is required for such a debt collection letter to be actionable. Two cases… Read More

District Court (Kan.) Grants MSJ to Debt Collector on FDCPA Harassment Claims; Calls After Debtor Said She Did Not Have Money to Pay is Not Conclusive Evidence of Harassment

by Scott J. Hyman |

In Cokeley v. Midland Credit Management, Inc., 2014 WL 5341919 (D.Kan. 2014), Judge Lungstrum granted summary judgment to a debt collector on an FDCPA claim grounded in harassment. The Court first concludes that defendant cannot have violated Section 1692d(5) because it did not call plaintiff “repeatedly or continuously.” Defendant called plaintiff for the first time on September 7, 2013, and… Read More