Michael S. Poncin, Attorney

Case Studies

Victorious Defense of FDCPA “Foti” Claim with Bona Fide Error Defense

Moss & Barnett defended a national collection agency faced with claims in federal court that the agency failed to provide the FDCPA mini-Miranda notice in recorded voice messages.  Prevailing on a motion for summary judgment, we established that the agency's procedures - including the posting of a note card in the work space of every collector advising of the company's policy to provide the mini-Miranda - was sufficient evidence to support a successful bona fide error defense.  This is believed to be the first Foti claim a collection agency defeated in court with the bona fide error defense.

Complete Dismissal of Consumer Class Action Alleging Violations of the FDCPA, Deceptive Acts, Fraud, and Conspiracy

Moss & Barnett successfully defeated a putative consumer class action commenced in federal court in Ohio alleging that a national debt buyer and a national collection agency violated the FDCPA, engaged in deceptive and fraudulent acts, and engaged in a conspiracy.  Our client prevailed on a motion to dismiss in the case, which established that the statute of limitations and previous releases barred litigation of the claims alleged.

Court Holds 132 Collection Calls During Nine-month Period Not a Violation of the FDCPA

Moss & Barnett succeeded on a motion for summary judgment in federal court in Florida.  We obtained complete dismissal of a consumer's claims that a collection agency violated the FDCPA by placing 132 calls to the consumer during a nine-month period.  The court held that despite the number of calls – and the fact that four calls were placed during a single day on three occasions – the calls "do not exhibit the vexing qualities in which courts have typically found an intent to 'annoy, abuse, or harass.'"  Notably, a majority of the calls alleged were unanswered by the consumer, and the consumer never disputed the account at issue or requested that the calls cease.