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In Puttner v. Debt Consultants of America, 2009 WL 1604570 (S.D.Cal. 2009), Judge Hayes applied a liberal pleading standing to the FDCPA under FRCP 8.  The Plaintiff argued that “foundational facts need not be pled with particularity in order to state a claim under the FDCPA or the RFDCPA” and that “the Complaint alleges sufficient facts to support claims for… Read More

In Hyde v. Midland Credit Management, Inc., --- F.3d ----, 2009 WL 1587902 (9th Cir. 2009), the Court of Appeals for the Ninth Circuit held that the FDCPA (15 U.S.C. § 1692k(a)(3)) does not allow an award of reverse attorneys’ fees against the debtor’s attorney, only the debtor.  In Hyde, the defendants prevailed on the merits against the debtor’s FDCPA… Read More

In Sullivan v. CTI Collection Services, 2009 WL 1587588 (M.D.Fla. 2009), Judge Moody held that threadbare recitals of the FDCPA fail to meet the pleading standard of FRCPs 8 and 12(b)(6).  Judge Moody explained:      While the Supreme Court has not explicitly overruled Conley, it has explicitly rejected the language relied on by Plaintiff in Bell Atlantic Corporation v.… Read More

In Pulliam v. American Express Travel Related Services Co., Inc., 2009 WL 1586012 (N.D.Ill. 2009), Judge Kennelly addressed whether a pro per Plaintiff stated a claim upon which relief could be granted under FCRA arising from the defendant’s purported access of Plaintiff’s credit report without a permissible purpose.  The issue before the District Court was whether FCRA permits a creditor… Read More

In Doppes v. Bentley Motors, Inc. --- Cal.Rptr.3d ----, 2009 WL 1578400 (2009), the Court of Appeal for the Fourth District held that the Song-Beverly Act did not preclude an award of pre-judgment interest.  The Court of Appeal explained:   Civil Code section 3287 is the statutory basis for pre-judgment interest.  Subdivision (a) of section 3287 states, in part: “Every… Read More

In Dotson v. Portfolio Recovery Associates, LLC, 2009 WL 1559813 (E.D.Pa. 2009), Judge Shapiro denied class certification in an FDCPA matter arising out of a form dunning letter which purported to violate the FDCPA.  Judge Shapiro acknowledged that dunning letters under the FDCPA are analyzed under an objective standard from the perspective of the least sophisticated debtor, but nevertheless held… Read More

In Kuschner v. Nationwide Credit, Inc. 2009 WL 1531574 (E.D.Cal. 2009), Judge Karlton ruled on whether a debt collector could assert a counter-claim against an FDCPA plaintiff due to the Plaintiff’s surreptitious recording of telephone calls between the Plaintiff and the debt collector.  The Court had ruled that the debt collector should be allowed leave to file the counter-claim, and… Read More

In Hambrick v. Wells Fargo Bank, N.A., 2009 WL 1532676 (N.D.Miss. 2009), Judge Pepper required a Plaintiff to plead each element of the definition of “debt collector”, denying the Plaintiff the right to conduct discovery in order to be able to plead one of the elements.  The issue involved whether, when Wells Fargo took assignment of the debt, the debt… Read More

In Caballero v. Ocwen Loan Servicing, Inc., 2009 WL 1528128 (N.D.Cal. 2009), Judge Whyte quickly disposed of a Plaintiff’s argument that a loan servicer involved in the foreclosure of the Plaintiff’s home was subject to the FDCPA.  Judge Whyte explained, in granting the loan servicer's Rule 12(b)(6) motion:   Defendant seeks dismissal of the Fair Debt Collection Practices Act claim… Read More

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