Fair Debt Collection: 2.5.11 FDCPA Claims Are Frequently Determined by Summary Judgment
In FDCPA suits and in actions under state debt collection statutes, the legal proscription may be so clear and narrow, particularly when liability may be established by a debt collection letter or other document, that factual issues can be determined early in a case. In such cases, liability issues may be decided by partial summary judgment, and only the issue of the damages may need to be tried or negotiated.94 A sample motion and supporting memoranda on summary judgment are available online as companion material to this treatise.