Collection Industry News

JUNE 14, 2021

Ciffa’s offices in Niagara Falls and Kenmore, debt collectors intimidated their victims with illegal threats of arrests and lawsuits. According to federal prosecutors, an elderly cancer patient in Texas was so rattled by the threats that she borrowed $500 from her sister to help pay off a debt of $1,285. Source: site.

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Troutman Sanders

JANUARY 19, 2023

May a debt collector incur liability under the Fair Debt Collection Practices Act (FDCPA) by seeking to collect a debt under a state court judgment later determined to be void? Not according to the Third Circuit Court of Appeals in a nine-page opinion issued on January 11, 2023 in the case of Barbara Lowe v.

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The Creditors Rights

AUGUST 2, 2016

In 2014 the Eleventh Circuit held that a debt collector violates the Fair Debt Collections Practices Act when it filed a proof of claim in a chapter 13 case on a debt that it knows to be time-barred. 3d 1254 (11 th Circ. Midland Funding, LLC , 2016 WL 2996372 (11 th Cir. 3d 1313 (11 TH Cir.

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Burr Forman

SEPTEMBER 3, 2021

Specifically, Plaintiff alleged Defendant violated § 1692g(a) for failure to provide notice of her statutory rights within five (5) days of the initial contact, and § § 1692d(6) and 1692e(11) for failure to identify itself as a debt collector or that it was attempting to collect a debt during the calls. 1547 (2016).

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Consumer Financial Services Law

SEPTEMBER 4, 2016

Delta Outsource Group, the consumer, who was employed as a collector by another debt collector, received two calls from the collection agency while at work. The court denied summary judgment agreeing with the debt collector that a question of fact remains as to whether the debt collector violated the FDCPA.

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Consumer Financial Services Law

JANUARY 3, 2018

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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Consumer Financial Services Law

JANUARY 6, 2017

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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