American Profit Recovery

DECEMBER 23, 2022

There are untold amounts of myths regarding collection agencies and how they operate. And even more myths about how they interact and work with consumers. So we thought we would share a little bit of inside baseball when it comes to debt collections and debunk many of the myths that people share.

Collections 227

Collections Collection Agencies Collections Agency Fair Debt Collection 227

Account Recovery

APRIL 27, 2023

The post CFPB Issues Guidance Warning Collectors About Foreclosing on Time-Barred Second Mortgages appeared first on AccountsRecovery.net.

Fair Debt Collection 130

Fair Debt Collection Debt collector Collections 130

Account Recovery

MARCH 15, 2021

In a case that was defended by Rick Perr and the team at Kaufman Dolowich & Voluck, a District Court judge in New York has granted a defendant’s motion to dismiss after it was sued in a class action for violating the Fair Debt Collection Practices Act in a number of ways relative to collection … The post Judge Grants MTD in FDCPA Case (..)

Fair Debt Collection 208

Fair Debt Collection Collections 208

Better Credit Blog

AUGUST 31, 2020

Debt collectors are notorious for harassing consumers when they seek repayment, calling excessively and threatening to take actions that may not be legal. What you may not know is that you are protected by the Fair Debt Collection Practices Act (FDCPA), a law designed to keep third-party debt collectors in check when they contact you.

Fair Debt Collection 53

Fair Debt Collection Third-party Debt Collectors Collections Debt collector 53

Account Recovery

MARCH 10, 2023

A plaintiff is accusing a collection operation of violating the Fair Credit Reporting Act and the Fair Debt Collection Practices Act by … The post Daily Digest – March 10. The post Daily Digest – March 10.

Collection Agencies 130

Collection Agencies Collections Agency Fair Debt Collection Collections 130

Account Recovery

NOVEMBER 12, 2020

” A copy … The post Judge Grants MTD in FDCPA Case, Puts Plaintiff’s Attorney “on Notice” About Filing Similar Cases in the Future appeared first on AccountsRecovery.net.

Fair Debt Collection 200

Fair Debt Collection Collections 200

Troutman Sanders

SEPTEMBER 18, 2023

The class action complaint alleged that the defendant violated California’s Rosenthal Fair Debt Collection Practices Act (RFDCPA) and several other state consumer protection statutes. The plaintiff filed a class action lawsuit on behalf of himself and similarly situated consumers.

Fair Debt Collection 52

Fair Debt Collection Collections Consumer Credit Collection Agent 52

Credit Management Company

FEBRUARY 23, 2021

Even before the pandemic hit, healthcare providers have known the importance of being respectful when contacting patients about outstanding bills. Now, there are additional steps you must add to your debt collection practices. Now, there are additional steps you must add to your debt collection practices.

Fair Debt Collection 52

Fair Debt Collection Debt collector Collections Healthcare 52

Account Recovery

FEBRUARY 14, 2024

A District Court judge in New York has denied a plaintiff’s motion for summary judgment in a Fair Debt Collection Practices Act case, ruling there is no written requirement to communicating information about a debt with a third party.

Fair Debt Collection 130

Fair Debt Collection Judgment Collections 130

Account Recovery

FEBRUARY 12, 2024

In what appears to be yet another in the line of cautionary tales about plaintiffs representing themselves, a District Court judge in New Jersey has granted a defendant’s motion to dismiss after it was sued for violating the Fair Debt Collection Practices Act because it served a writ of execution to the plaintiff’s mother and […] (..)

Fair Debt Collection 130

Fair Debt Collection Collections 130

Account Recovery

DECEMBER 19, 2023

We don’t normally write about automotive repossessions here, but it is a Fair Debt Collection Practices Act case and it is the Court of Appeals for the Second Circuit, so it’s probably got something worthwhile for companies in the accounts receivable management industry to know, right?

Repossession 147

Repossession Accounts Receivables Management Fair Debt Collection Collections 147

Account Recovery

NOVEMBER 17, 2023

A plaintiff has learned that more is not always better when it comes to making accusations against a debt collector for violating the Fair Debt Collection Practices Act.

Fair Debt Collection 147

Fair Debt Collection Debt collector Collections 147

Account Recovery

NOVEMBER 1, 2023

Being denied credit because of a negative item on a credit report is sufficient grounds for a plaintiff to have standing to sue, ruled a District Court judge in New York, but communicating information about an unpaid debt with the credit reporting agencies is not a violation of the Fair Debt Collection Practices Act, so […]

Fair Debt Collection 147

Fair Debt Collection Collections 147

Account Recovery

NOVEMBER 7, 2022

Any case where a motion to remand back to state court is denied seems like it’s worth writing about these days … A District Court judge in New York has denied a plaintiff’s motion to remand a Fair Debt Collection Practices Act case back to state court, rebuffing the plaintiff’s argument that remand was required … The post (..)

Fair Debt Collection 245

Fair Debt Collection Collections 245

Account Recovery

AUGUST 31, 2022

Consumers appear to have a lot less to be upset about these days, at least as it relates to companies in the accounts receivable management industry.

Accounts Receivables Management 243

Accounts Receivables Management Fair Debt Collection Collections 243

Account Recovery

JULY 21, 2022

A District Court judge in New York has granted a defendant’s motion to dismiss, ruling that it did not violate the Fair Debt Collection Practices Act by including additional information in a collection letter that the plaintiff said made him confused about to whom to pay and because the letter accidentally omitted one character from … The (..)

Fair Debt Collection 243

Fair Debt Collection Collections 243

Account Recovery

JUNE 14, 2022

A District Court judge in Washington has denied a defendant’s motion to dismiss after it was sued for allegedly communicating information about a debt with an unauthorized third party that printed and mailed a collection letter to the plaintiff, ruling that the language of the Fair Debt Collection Practices Act “bars debt collectors from (..)

Fair Debt Collection 245

Fair Debt Collection Debt collector Collections 245

Account Recovery

MAY 24, 2022

A District Court judge in New Jersey has granted a defendant’s motion to dismiss a class-action Fair Debt Collection Practices Act lawsuit over a letter that was sent to the plaintiff providing information about how to file an identity theft claim. A copy of the ruling in the case of Ozturk v.

Fair Debt Collection 246

Fair Debt Collection Collections 246

Account Recovery

MARCH 23, 2022

A District Court Judge in Nevada has denied competing motions for judgment on the pleadings filed by both the plaintiff and defendant in a Fair Debt Collection Practices Act and Telephone Consumer Protection Act case about calls that were made to the plaintiff by the defendant after the debt had been settled.

Fair Debt Collection 246

Fair Debt Collection Judgment Collections 246

Account Recovery

MARCH 30, 2022

A District Court judge in New Jersey has granted a defendant’s motion to dismiss four of the five counts it is facing in a Fair Debt Collection Practices Act suit after it was accused of disclosing information about the existence of the debt in question to a third party, namely a vendor that was used … The post Judge Grants MTD on Hunstein (..)

Fair Debt Collection 246

Fair Debt Collection Collections 246

Account Recovery

AUGUST 19, 2022

COLLECTOR FACING CLASS ACTION OVER MVN’S USE OF ‘NOW’ Yesterday, we wrote about the word “obligation” being the source of issue in a Fair Debt Collection Practices Act and lamented that one word could be the difference between a lawsuit being filed and not, and today is yet another example of that.

Fair Debt Collection 245

Fair Debt Collection Collections 245

Account Recovery

JANUARY 19, 2022

PREFERRED FILES BRIEF WITH ELEVENTH CIRCUIT IN ADVANCE OF EN BANC HEARING Congress made a mistake when it drafted Section 1692c(b) of the Fair Debt Collection Practices Act, which prohibits communicating information about a debt with third parties because the way the statute is written, “there would be no corporate debt collectors because debt collectors (..)

Fair Debt Collection 246

Fair Debt Collection Debt collector Collections 246

Account Recovery

MARCH 30, 2022

Judge Grants MTD on Hunstein Claims in FDCPA Suit; Recapping Senate Hearing on Medical Debt as Dems Call on CFPB to Do More appeared first on AccountsRecovery.net.

Fair Debt Collection 245

Fair Debt Collection Collections 245

Account Recovery

JUNE 14, 2022

Judge Denies MTD in Hunstein Copycat Case; Class-Action Accuses Collector of Ignoring Validation Request appeared first on AccountsRecovery.net.

Fair Debt Collection 246

Fair Debt Collection Collections 246

Account Recovery

OCTOBER 8, 2021

Courts within the Seventh Circuit continue to attack the issue of standing in Fair Debt Collection Practices Act cases, this time dismissing a case because a plaintiff was confused about the amount that was owed after receiving a collection letter, because the plaintiff never made any attempt to pay the debt, and that decision to … The post Judge (..)

Fair Debt Collection 246

Fair Debt Collection Collections 246

Account Recovery

OCTOBER 19, 2021

A District Court judge in Kansas has granted a defendant’s motion to dismiss a Fair Debt Collection Practices Act case, ruling that the plaintiff lacked standing to sue because she was confused about an alleged discrepancy in the balance of her debt after receiving several collection letters, but, perhaps more importantly, that the use of … (..)

Fair Debt Collection 246

Fair Debt Collection Collections 246

Account Recovery

NOVEMBER 2, 2021

A District Court judge in New Jersey has granted a defendant’s motion to dismiss a class action Fair Debt Collection Practices Act case over language related to furnishing information about an unpaid debt to a credit reporting agency in a collection letter. A copy of the ruling in the case of Knight v.

Fair Debt Collection 246

Fair Debt Collection Collections 246

Account Recovery

OCTOBER 19, 2021

JUDGE GRANTS MTD IN FDCPA CASE ALLEGING HUNSTEIN DISCLOSURE A District Court judge in Kansas has granted a defendant’s motion to dismiss a Fair Debt Collection Practices Act case, ruling that the plaintiff lacked standing to sue because she was confused about an alleged discrepancy in the balance of her debt after receiving several collection … (..)

Student loans 246

Student loans Student Loans Fair Debt Collection Loans 246

Account Recovery

JUNE 1, 2023

A District Court judge in California has denied a motion to dismiss filed by a collection operation in a Fair Debt Collection Practices Act case on the grounds that furnishing information about a debt to a credit reporting agency constitutes debt collection activity, but did grant motions to dismiss for two officers of the operation …

Fair Debt Collection 130

Fair Debt Collection Collections 130

Account Recovery

SEPTEMBER 13, 2021

Sometimes, collectors will use a broad brush and expansive statements to try and cover as much ground as possible when letting consumers know about the rules and regulations related to collecting on unpaid debts.

Fair Debt Collection 240

Fair Debt Collection Collections 240

Account Recovery

MAY 16, 2023

Stating that a plaintiff suffered a financial loss without necessarily going into specifics about what those losses actually were was enough for a District Court judge in Michigan to deny a defendant’s motion to dismiss a Fair Debt Collection Practices Act case. A copy of the ruling in the case of Rider v.

Fair Debt Collection 130

Fair Debt Collection Collections 130

Account Recovery

OCTOBER 8, 2021

JUDGE DISMISSES FDCPA CASE FOR LACK OF STANDING Courts within the Seventh Circuit continue to attack the issue of standing in Fair Debt Collection Practices Act cases, this time dismissing a case because a plaintiff was confused about the amount that was owed after receiving a collection letter, because the plaintiff never made any attempt … (..)

Fair Debt Collection 242

Fair Debt Collection Collections 242

Account Recovery

SEPTEMBER 13, 2021

JUDGE GRANTS MSJ FOR DEFENSE IN FDCPA CASE OVER WEBSITE DISCLOSURE Sometimes, collectors will use a broad brush and expansive statements to try and cover as much ground as possible when letting consumers know about the rules and regulations related to collecting on unpaid debts.

Lender 244

Lender Fair Debt Collection Collections 244

Account Recovery

DECEMBER 2, 2022

COLLECTOR ACCUSED OF VIOLATING REG F, FDCPA BY FURNISHING INFO ABOUT PLAINTIFF’S FATHER ON PLAINTIFF’S CREDIT REPORT A defendant is being accused of violating the debt parking provisions of Regulation F and the Fair Debt Collection Practices Act because it allegedly furnished information about an unpaid debt to the credit reporting agencies (..)

Collection Agencies 189

Collection Agencies Collections Agency Fair Debt Collection Collections 189

Account Recovery

JUNE 15, 2021

Being confused about whether he owed attorney’s fees and hiring his own lawyer is not enough for a plaintiff to have standing to pursue a Fair Debt Collection Practices Act case, a District Court judge in Illinois has ruled, granting the defendant’s motion to dismiss on the grounds that the Court lacked subject matter jurisdiction … (..)

Fair Debt Collection 246

Fair Debt Collection Lawyers Collections 246

Account Recovery

OCTOBER 13, 2020

A District Court judge in New York has granted a defendant’s motion to dismiss after it was sued for allegedly violating the Fair Debt Collection Practices Act because of an alleged contradiction between a statement on the front of a collection letter about obtaining more information about a debt and the validation notice disclosure that … (..)

Fair Debt Collection 246

Fair Debt Collection Collections 246

Account Recovery

APRIL 29, 2021

The number of class-action lawsuits accusing debt collectors of violating the Fair Debt Collection Practices Act by communicating with a third party — a letter vendor — about the existence of a debt when it sent the plaintiff’s personal information to the vendor to be included in and mailed out as a collection letter continues … The post Webinar (..)

Fair Debt Collection 240

Fair Debt Collection Debt collector Collections 240