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Appeals Court Remands Case Over Issue of Arbitration

Account Recovery

A change in precedent has led the Court of Appeals for the Third Circuit to remand a case back to the District Court to determine whether the owners of a debt that was purchased from the original creditor can compel arbitration after being sued for allegedly violating the Fair Debt Collection Practices Act. A copy […]

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Appeals Court Affirms Ruling for Defendant in FDCPA Case Over Healthcare Debt

Account Recovery

In a case that was defended by the team at Malone Frost Martin, the Court of Appeals for the Eighth Circuit has affirmed a lower court’s ruling in favor of a defendant that was sued for violating the Fair Debt Collection Practices Act because it did not include a copy of the original creditor’s financial … The post Appeals Court Affirms (..)

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4 Ways To Remove Collections From Your Credit Report

Better Credit Blog

A collection account will lower your credit score and can generally stay on your credit report for up to seven years. Often, a collection entry will even keep you from getting a mortgage or securing an auto loan, which is why it’s important to do all you can to remove collections from your credit report quickly.

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Common Myths About Using a Collection Agency

Credit Management Company

Therefore, many people find themselves encountering collection agencies at one point or another. Unfortunately, much of what people “know” about the debt collection industry relies more on myths than facts. When people believe these myths about using a collection agency, they often run into trouble. How do you mitigate this?

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How Does Validation of Debts Work?

Credit Management Company

While many consumers are able to manage their debt load and stay current on their accounts, many businesses are finding themselves with uncollected debt and no proven collection strategy. Before you can collect on any debt, you need to validate the debt in accordance with the Fair Debt Collection Practices Act.

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A Review of Supreme Court Justice Amy Coney Barrett’s Prior FDCPA Court Decisions

Collection Industry News

Midland Credit Management, Inc. In Preston , the debt collector sent a collection letter that was inside of an envelope, which itself was inside another envelope. ” with no other reference to the creditor in the collection letter, was insufficient to meet the FDCPA’s standard. Niagra Credit Sols.

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Avoiding Overshadowing Claims

FDCPA Defense

Section 1692g requires that within five days of the “initial communication with a consumer in connection with the collection of any debt” a collector must send the consumer a written notice containing, inter alia , the amount of the debt, and the name of the creditor to whom the debt is owed. See 15 U.S.C. 1692g(a)(1), (2).