In Jacobson v. Credit Control Services, plaintiff alleged that defendant violated the FDCPA by using false representations regarding a debt. Defendant served an offer of judgment for $1,001, which plaintiff did not accpet. Defendant then moved to dismiss, arguing that the claim was moot. The court found the unequivocal offer was for more than plaintiff could recover, and that the court no longer had subject matter jurisdiction because the suit was moot.
In Heald v. Ocwen, plaintiff alleged that defendant violated the FDCPA by unlawfully adding collection fees to her mortgage bills that were disguised as principal and which were not owed. Defendant filed a motion to dismiss, arguing that the mortgage contract permitted the additional charges. The court found that the mortgage loan permitted the fees, and that the imposition was therefore permitted and did not violate the FDCPA.► Back to News & Resources