In DiBaattista v. Buckalew, Frizell & Crevina, plaintiff filed a putative class action alleging that defendant's collection letter violated the FDCPA. The court granted defendant's motion to dismiss, and plaintiff appealed. Plaintiff argued on appeal that the letter violated the FDCPA because it listed certain remedies that could be taken if plaintiff failed to pay the outstanding HOA fees, including the filing of a lien or a foreclosure action, and by failing to itemize the debt. The appellate court affirmed the dismissal, concluding that there is no obligation to itemize the debt or any prohibition against stating the amount of the debt in a single sum. The court also found that the letter was accurate, and the listed remedies not an unfair or harassing collection practice.
In Stevenson v. West Asset Management, plaintiff alleged that defendant violated the FCRA by failing to reasonably investigate her dispute. Defendant moved to dismiss, arguing that there was no duty to investigate the dispute because plaintiff disputed the debt directly with West. The court granted defendant's motion, finding that the obligation to dispute the credit reporting under the FCRA arises only after the debtor disputes the debt with the credit bureaus.
In Main v. Investment Retrievers, plaintiff alleged that defendant violated the FDCPA by contacting his girlfriend 6 times and disclosing the debt to her. Defendant moved for summary judgment, arguing that the FDCPA did not apply because the debt was a commercial account. The court agreed, finding that debt was owed by plaintiff's company's business line of credit, and entered summary judgment for defendant.
In Hynes v. Chase Bank, plaintiff in an adversary proceeding filed a putative class action alleging that defendant violated the FCRA and the discharge order. Defendant moved to dismiss or strike the class allegations, arguing that the bankruptcy court lacked jurisdiction to adjudicate a class action under the FCRA. The court denied the motion, finding there was jurisdiction in the bankruptcy court to hear nationwide class action.
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