FFGN COLLECT NY

NOVEMBER 24, 2021

There are a number of new developments in New York State legislation that will change New York debt collection law and likely impact your receivables and collection claims, and ultimately your bottom line. There is one change that is most significant and, if you are working with consumers, will directly affect you.

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Better Credit Blog

FEBRUARY 18, 2021

It’s all too easy to miss a payment on one of your accounts and put it on the backburner for later. When your debt goes into collections, it’s important to straighten things out quickly. If BYL Collections has been contacting you, the information below can help you move forward. How Does BYL Collection Services Work?

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Debt RR

SEPTEMBER 9, 2020

Collecting debts is time-consuming, especially if the debtor refuses to cooperate. Due to the frustration they encounter when collecting debts, they may resort to outsourcing the debt collection process to a collection agency for small businesses. How Small Businesses Proceed with Collections.

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Burr Forman

DECEMBER 4, 2020

Financial institutions, servicers, lenders, and debt collectors must stay up-to-date on evolving federal and state laws stemming from the COVID-19 pandemic, as such laws impact all facets of consumer loan servicing and debt collection. This Bulletin serves as an update to that non-exhaustive compilation of information.

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Jimerson Firm

DECEMBER 14, 2021

Businesses throughout Florida should be aware of consumer statutes that provide remedies to consumers and impose liability to businesses, even for small technical violations. Fair Debt Collection Practices Act. A person attempting to collect his or her “own” debt, is not a debt collector under the FDCPA. See Stanley v.

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Collection Industry News

SEPTEMBER 23, 2020

Section 1692(f) of the FDCPA prohibits a debt collector from using unfair or unconscionable means to collect any debt, and enumerates specific examples of prohibited conduct. Among other things, the term “debt collector” does not include “any person collecting or attempting to collect any debt owed or due. 15 U.S.C.A.

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Jimerson Firm

JANUARY 12, 2024

In collecting consumer debts, no person shall: (9) Claim, attempt, or threaten to enforce a debt when such person knows that the debt is not legitimate, or assert the existence of some other legal right when such person knows that the right does not exist. Section 559.72(9), 9) , Florida Statutes. Section 559.72(9) Argument No.

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Troutman Sanders

NOVEMBER 8, 2023

After receiving notice of representation, the defendant sent five billing notifications to the plaintiff and made six telephone calls attempting to collect on the $5 monthly payment. The plaintiff filed suit against the defendant alleging, among other things, violation of § 559.72(18)

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Troutman Sanders

FEBRUARY 3, 2023

Holiday Inn), with a promissory note requiring monthly installment payments secured by a deed of trust. The plaintiffs later requested rescission of the contract, cancellation of the loan, and tradeline deletion so the loan would not appear on their consumer reports. Holiday Inn Club Vacations Inc. ,

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Collection Industry News

JULY 12, 2022

Court of Appeals for the Eleventh Circuit recently held that periodic statements required by the federal Truth in Lending Act may violate the federal Fair Debt Collection Practices Act if they are not truthful and fair. The statements also warned that failure to pay may result in the loss of Debtors’ home and provided options for payment.

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Jimerson Firm

JANUARY 20, 2023

Florida law provides that community associations may collect assessments from unit owners to cover operating and maintenance costs. The Fifth District Court of Appeals affirmed the decision, holding that the “ongoing obligation to pay assessments is a ‘consumer debt’ under the FCCPA.” See Kelly v. Duggan , 282 So. 3d 969, 973 (Fla.

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Jimerson Firm

JANUARY 16, 2023

The Florida Consumer Collection Practices Act (FCCPA) and the Fair Debt Collection Practices Act (FDCPA) are two pro-consumer statutes. Accredited Collection Agency Inc. , No. Collection Services, Inc. Businesses should be aware of each statute and how to defend against such claims. See, e.g., Lane v.

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Troutman Sanders

MAY 24, 2022

(SoLo) for allegedly engaging in unfair, deceptive, and abusive acts and practices (UDAAPs) in violation of the Consumer Financial Protection Act of 2010, as well as for operating in Connecticut without a small loan company license or a consumer collection agency license.

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Troutman Sanders

JUNE 28, 2021

The moratorium, which prevents the eviction of tenants unable to make rental payments, was scheduled to expire on June 30. The new law limits a collection agency’s ability to collect on medical debt. On June 25, multiple collection agencies and other plaintiffs filed suit in the U.S. For more information, click here.

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Troutman Sanders

AUGUST 2, 2021

Established by the Economic Growth, Regulatory Relief, and Consumer Protection Act, IPAC consists of 21 members, who serve staggered three-year terms and bring professional backgrounds in insurance accounting, actuarial science, academia, insurance regulation, and policyholder advocacy. For more information, click here.

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Troutman Sanders

JULY 7, 2021

Some consumers reported facing homelessness because of the negative impact of an eviction on their credit history reported by debt collectors. The law does not impact most third-party collection agencies, but it does impact some creditors and debt buyers. For more information, click here. For more information, click here.

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FDCPA Defense

FEBRUARY 1, 2018

Attorneys and other entities that regularly engage in collection work for community associations may be subject to the requirements of the Fair Debt Collection Practices Act, 15 U.S.C. as well as analogous state laws governing the consumer collection process. See Carlin , 852 F.3d The issue in Ho v.

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Jimerson Firm

JULY 21, 2021

Nevertheless, there appears to be an increase in class action complaints alleging violations of consumer protection laws such as Fair Debt Collection Practices Act (FDCPA), Florida’s Consumer Collections Practices Act (FCCPA), Fair Credit Reporting Act (FCRA), or Telephone Consumer Protection Act (TCPA).

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