Account Recovery

JUNE 17, 2022

A District Court judge in Illinois has granted a defendant’s motion for summary judgment after it was sued for allegedly violating the Fair Debt Collection Practices Act, ruling that the defendant was engaged in early-out collections and that it was not attempting to collect on a debt that was in default when it contacted the … The post (..)

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Fair Debt Collection Collections Judgment 246

Sawin & Shea

MARCH 16, 2021

On top of phone calls, emails, and text messages, the Consumer Financial Protection Bureau (CFPB) will allow debt collectors to message you through Facebook, Instagram, Twitter, and almost any other social media channel. The new rule also loosens the restrictions on how often creditors can contact you. Or at least that’s the plan.

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Debt collector Bankruptcy Creditors Fair Debt Collection 98

Direct Recovery

JUNE 7, 2022

Reviewing the Fair Debt Collection Practices Act. Before getting into the new regulations explicitly targeting social media usage, it’s essential to review the specifics of the existing Fair Debt Collection Practices Act (FDCPA) that have been in place for decades. Opening the Door for Mistakes.

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Account Recovery

FEBRUARY 2, 2022

After already granting a motion to dismiss on one claim that a collector violated the Fair Debt Collection Practices Act when it contacted a plaintiff seeking to collect on a debt that was actually owed by her granddaughter, a District Court judge in Florida has granted the defendant’s motion for summary judgment on the remaining … The (..)

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Fair Debt Collection Judgment Collections 246

Burr Forman

SEPTEMBER 3, 2021

The Seventh Circuit reasoned Plaintiff’s lack of Article III standing with respect to her claims brought pursuant to the Fair Debt Collection Practices Act (“FDCPA”), 15 U.S.C. § § 1692 et seq. Kross, Lieberman & Stone, Inc. , 19-1400, 2021 WL 3877930 (7th Cir.

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Account Recovery

FEBRUARY 2, 2022

JUDGE GRANTS MSJ FOR DEFENSE IN FDCPA CASE OVER CALLS TO CONSUMER’S GRANDMOTHER After already granting a motion to dismiss on one claim that a collector violated the Fair Debt Collection Practices Act when it contacted a plaintiff seeking to collect on a debt that was actually owed by her granddaughter, a District Court judge … The post (..)

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Fair Debt Collection Collections 246

Account Recovery

OCTOBER 27, 2021

A District Court judge in Michigan has granted a defendant’s motion to dismiss after it was sued for allegedly violating the Fair Debt Collection Practices Act by contacting the plaintiff after she had disputed the debt in question with the original creditor and for making a “hard inquiry” on her credit report.

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Creditors Fair Debt Collection Original Creditor Collections 246

Collection Industry News

NOVEMBER 6, 2020

On October 30, 2020, the Consumer Financial Protection Bureau (“CFPB”) published a long-awaited final rule revising Regulation F, which implements the Fair Debt Collection Practices Act (“FDCPA”) of 1977. Prior to the formation of the CFPB, there was no regulatory body with rulemaking authority over debt collection practices.

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Account Recovery

OCTOBER 1, 2021

A District Court judge in Georgia has dismissed claims that a collector violated the Fair Debt Collection Practices Act by calling the mother of an individual with an unpaid debt more than 15 times after the mother had asked not to be contacted, and that the collector meaningfully disclosed its identity in a voicemail left … The post Judge Grants (..)

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Account Recovery

SEPTEMBER 1, 2021

Continuing its year-long attack on standing to file Fair Debt Collection Practices Act lawsuits, the Seventh Circuit Court of Appeals yesterday reversed a lower court’s ruling and ordered it to dismiss a case where the defendant did not send a written notice within five days of the initial contact and where one of the defendant’s … (..)

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Fair Debt Collection Collections 233

Account Recovery

DECEMBER 15, 2020

The Court of Appeals for the Eighth Circuit has vacated a judgment in favor of a plaintiff who alleged a debt buyer violated the Fair Debt Collection Practices Act because the collection agency it used to collect on an unpaid debt contacted the plaintiff even though she was represented by an attorney — a fact … The post Appeals Court Vacates (..)

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Judgment Fair Debt Collection Collection Agencies Collections Agency 246

Account Recovery

NOVEMBER 16, 2020

COLLECTOR FILES MOTION TO HAVE PLAINTIFF’S ATTORNEY DISQUALIFIED A company being sued for allegedly violating the Fair Debt Collection Practices Act has filed a motion seeking to have the plaintiff’s counsel disqualified and to have attorney’s fees awarded, accusing the counsel of contacting the company directly and asking questions about the (..)

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Healthcare Fair Debt Collection Collections 246

Account Recovery

APRIL 3, 2023

Some good news to all the companies that are being sued for allegedly violating the Fair Debt Collection Practices Act because they contacted an individual after being notified that he or she is being represented by an attorney — a District Court judge in Illinois has granted a defendant’s motion to dismiss after it was … The post (..)

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Fair Debt Collection Collections 130

Account Recovery

MARCH 2, 2021

Judge Grants MSJ For Defense Against 31 of 32 Plaintiffs in FDCPA Case; PRA Group Discloses CFPB Looking Into Possible Violations of Consent Order appeared first on AccountsRecovery.net.

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Fair Debt Collection Judgment Collections 233

Account Recovery

APRIL 3, 2023

JUDGE GRANTS MTD IN FDCPA CASE OVER EMAILS SENT TO REPRESENTED CONSUMER Some good news to all the companies that are being sued for allegedly violating the Fair Debt Collection Practices Act because they contacted an individual after being notified that he or she is being represented by an attorney — a District Court judge … The post Daily Digest (..)

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Fair Debt Collection Collections 130

Troutman Sanders

AUGUST 17, 2020

On August 12, 2020, Nicholas Brechun, Compliance Supervisor for the Colorado Fair Debt Collection Practices Act (“CFDCPA” or “the Act”), sent out notice of a stakeholder meeting to discuss amendments to the Act. The stakeholder meeting has been scheduled for August 25, 2020 at 2:00 p.m.

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Account Recovery

NOVEMBER 16, 2020

A company being sued for allegedly violating the Fair Debt Collection Practices Act has filed a motion seeking to have the plaintiff’s counsel disqualified and to have attorney’s fees awarded, accusing the counsel of contacting the company directly and asking questions about the type of business the company conducted and then denying she (..)

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Fair Debt Collection Collections 184

Account Recovery

DECEMBER 23, 2020

A class-action lawsuit has been filed against a debt collector in Florida alleging it violated the Telephone Consumer Protection Act and the Fair Debt Collection Practices Act by calling the plaintiff more than 40 times after he allegedly revoked consent to be contacted and for mis-stating the amount that was owed during calls before consent … (..)

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Fair Debt Collection Debt collector Collections 147

Collection Industry News

AUGUST 18, 2020

On August 12, 2020, Nicholas Brechun, Compliance Supervisor for the Colorado Fair Debt Collection Practices Act (“CFDCPA” or “the Act”), sent out notice of a stakeholder meeting to discuss amendments to the Act. The stakeholder meeting has been scheduled for August 25, 2020 at 2:00 p.m. Anthony , John E.

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Direct Recovery

FEBRUARY 7, 2021

In what is supposed to be an increase in protections offered to consumers, an updated version of the Fair Debt Collection Practices Act (FDCPA) was passed in the fall of 2020 that brings that iconic piece of legislation up to date with modern forms of communication. Defining Types of Communication.

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Debt collector Third-party Debt Collectors Collection Agent Original Creditor 52

Account Recovery

MARCH 2, 2021

A District Court judge in Indiana has largely granted summary judgment in favor of a defendant that was sued for violating the Fair Debt Collection Practices Act because it allegedly contacting individuals who indicated they were represented by an attorney and wanted communications to cease.

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Fair Debt Collection Judgment Collections 130

Account Recovery

AUGUST 6, 2020

A District Court judge in Iowa has granted a defendant’s motion to dismiss after it was sued for violating the Fair Debt Collection Practices Act because it contacted the plaintiff at his place of employment and never received validation of the debt after he requested it from the defendant.

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Fair Debt Collection Collections 147

Account Recovery

DECEMBER 15, 2020

Industry Wins Pair of Appeals Court Rulings; Scammer Facing 30 Years in Prison appeared first on AccountsRecovery.net.

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American Profit Recovery

SEPTEMBER 6, 2023

Ignoring collection laws While most collection laws do govern collection agencies, it’s a wise decision for your business to understand how these laws oversee debt collections in general. At the very least, your business should understand the Fair Debt Collection Practices Act (FDCPA.)

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Collections Collection Agencies Collections Agency Fair Debt Collection 216

Debt Free Colorado

FEBRUARY 21, 2022

Does Colorado Law Protect Me From Debt Collectors? When collecting a debt from you, collection agencies must adhere to federal and state rules. Fortunately, the federal Fair Debt Collection Practices Act (FDCPA) protects all states. What is the Federal Fair Debt Collection Practices Act (FDCPA)?

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Debt collector Fair Debt Collection Collection Agencies Collections Agency 98

Nexa Collect

JUNE 18, 2023

Since debt collectors are on the phone all day long, they know every tactic to get paid. The cost of collection agencies depends on whether you select their Fixed-fee or Contingency-fee service. Need a Medical Collection Agency? There are also state laws that can affect the process of medical debt collection.

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Collection Agencies Collections Agency Collections Healthcare 130

Nexa Collect

JUNE 21, 2023

If you ignore a debt collection agency, several potential consequences could affect your financial well-being and peace of mind: Persistent Contact : Debt collection agencies might persist in attempting to contact you through phone calls, letters, and possibly emails. This can be stressful and disruptive.

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Collection Agencies Collections Agency Credit Counselor Garnishment 100

American Profit Recovery

OCTOBER 20, 2023

And did you send your invoice using the proper contact information such as address, email address etc…? Attempt to resolve the debt internally Before sending late accounts to your debt collection agency, you should have internal procedures to follow up on those customers that have not paid on time.

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Collections Collection Agencies Collections Agency Fair Debt Collection 197

Collections Law

FEBRUARY 9, 2024

A company has a right to pursue a debt that is owed to them. State and federal consumer and commercial laws afford methods for creditors to collect the debts that are owed to them. Our lawyers are well-versed in the Fair Debt Collection Practices Act (FDCPA).

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Mechanic’s Liens Collections Commercial Collection Lawyers 98

Nexa Collect

JUNE 27, 2023

Contact the Borrower : Reach out to the borrower to remind them of the missed payments and to discuss possible solutions. Send Formal Notices : If initial contact doesn’t resolve the issue, send formal notices outlining the amount due and the necessary steps the borrower must take to avoid further consequences.

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Student loans Student Loans Loans Garnishment 100

Nexa Collect

JUNE 23, 2023

Here are some of the potential impacts: Stress and Anxiety : One of the most immediate impacts of a debt collector’s call is the increase in stress and anxiety. Debtors may feel embarrassed, worried, or even scared when contacted by a debt collector.

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Debtor Debt collector Credit Counselor Fair Debt Collection 100

True Accord

JANUARY 31, 2024

of consumers take no action after a collection call. Let’s look at the challenges around right-party contact rates, consumer complaints, and the timely factors that make the challenges more detrimental to your business’s late-stage debt recovery. Even if you can get the right customer on the phone, studies show 49.5%

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Collections Debt collector Fair Debt Collection Creditors 76

Qualco

APRIL 18, 2024

Meanwhile, legislative measures across Europe, such as the Treating Customers Fairly framework in the UK and legal frameworks tackling over-indebtedness across Europe , emphasise the importance of fair debt collection. Take the first step towards responsible collections today! Contact Us

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FFGN COLLECT NY

DECEMBER 15, 2021

Debt collectors cannot: Use or threaten violence. Contact you at work if the debt collector knows or believes your employer prohibits personal calls. The Bureau educates, establishes and enforces rules, and has a compliance arm addressing debt collection as it relates to consumer collections.

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Debt collector Collections Fair Debt Collection Collection Agencies 98

Credit Corp

FEBRUARY 23, 2024

The term “zombie debt” refers to a past debt that shouldn’t affect you anymore yet continues to appear on your credit report. Dealing with zombie debt can be extremely complicated as debt collectors may repeatedly contact you about an account that belonged to you years ago. How Does Zombie Debt Work?

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Collection Agencies Collections Agency Debt collector Fair Debt Collection 52

National Service Bureau

JUNE 18, 2015

The Fair Debt Collection Practices Act was passed in 1977 to outline the ways in which consumers can be contacted by collection agencies. First, who is a debt collector? (F) Lawyered up : If the consumer has an attorney whose services are related to that debt, a collector may not contact that person.

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Debtor Debt collector Collection Agencies Collections Agency 40

Roths Child Law

NOVEMBER 7, 2020

Debt obtained from bankrupted finance company. Santander bought the debt from a financier going through bankruptcy, which made Santander the owner of the debt. Fair Debt Collection Practices Act applies to third-party debt collectors that are collecting debts on behalf of creditors.

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