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Can a Debt Collector Collect After 10 Years?

Credit Corp

Getting calls from debt collectors can be frustrating and even confusing. That’s even truer when someone is contacting you about an old debt you forgot about, thought was long resolved, or didn’t know about in the first place. Can a debt collector collect after 10 years, for example?

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District Court Refuses to Punish Debt Collector for Accurately Disclosing FDCPA Rights to a Consumer

Consumer Financial Services Law

The court was also dismissive of the consumer’s nonsensical argument that the debt collector somehow violated the FDCPA by advising the consumer of its rights under the FDCPA. The consumer therefore argued that by making the disclosures, the debt collector violated the FDCPA. 3, 2016) at Dkt No. Recovery Servs.,

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Supreme Court Agrees to Hear FDCPA Proof of Claim Case

Consumer Financial Services Law

LVNV in which it not only supported its position in Crawford but expanded it by addressing the issue left unanswered in Crawford : whether the Bankruptcy Code preempts the FDCPA where the debt collector files a proof of claim on a debt it knows to be time barred. 15-11240, 2016 U.S. May24, 2016). Johnson at *10.

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7th Cir. Holds FDCPA Consumer’s Confusion And Hiring Attorney Not Enough For Article III Standing

Collection Industry News

Court of Appeals for the Seventh Circuit recently vacated judgment in favor of a debt collector against putative class action claims raised by a consumer that its collection letter violated the federal Fair Debt Collection Practices Act (FDCPA) by threatening action that could not legally be taken and amounting to a false representation.

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Call Volume Alone Does Not Necessitate a Violation of the FDCPA

Consumer Financial Services Law

the issue before the court was “whether a series of 18 telephone calls from a debt collector, of which 17 were unanswered and one where the recipient hung up, unaccompanied by harsh or threatening language or back-to-back calls could reasonably be found to violate the FDCPA.” Chisholm at *10-11. Chisholm v. Chisholm at *14.

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District Court Takes Expansive View of "Deceptive or Misleading" Practices under FDCPA

Consumer Financial Services Law

By Zachary Dunn The FDCPA prohibits a debt collector from using “any false, deceptive, or misleading representation” in connection with the collection of a debt. ARS sent a letter to Islam on August 11, 2016 stating, in relevant part, that “[a]s of the date above, you owe $14,413.78.” See 15 U.S.C. In Islam v.

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How to Get BC Services off Your Credit Report

Better Credit Blog

BC Services is a third-party debt collector that has been hired by a healthcare provider to whom you owe money to get you to make payments on a debt. Founded in 1925, BC Services is a small debt collection agency headquartered in Colorado Springs, CO. They were also served six civil lawsuits in 2016 alone.