In McIvor v. Credit Control, plaintiff alleged that defendant violated the FDCPA by failing to include the dispute when continuing to credit report his debt. Defendant moved for summary judgment, arguing that the communication it had with the credit bureau related to investigating the dispute, and therefore was not a communication under the FDCPA. The court agreed, finding that defendant was responding to the dispute as required by the FCRA, and that the FDCPA would not apply to the communication.
In Eide v. Colltech, plaintiff alleged that defendant violated the FDCPA while attempting to collect a debt that had been previously discharged in bankruptcy. Defendant moved for summary judgment, arguing that the debt had not been properly discharged because plaintiff had identified the creditor with a bad address. The court rejected the argument, finding that the unscheduled debt was still discharged in the no asset bankruptcy, and defendant's efforts to collect the discharged debt violated the FDCPA.
In Yaakov v. ACT, Inc., plaintiff alleged that defendant violated the TCPA and brought claims on behalf of himself and a putative class. Defendant served plaintiff with an Offer of Judgment that provided plaintiff with complete relief on the individual claims. After the offer was rejected by plaintiff, defendant moved to dismiss, arguing there was no longer a justiciable dispute between the parties. After recognizing the split on this issue in the federal districts, the court denied the motion, finding that plaintiff was permitted under the rules to reject the offer without losing standing to continuing the class action.
► Back to News & Resources
