Burr Forman

SEPTEMBER 3, 2021

On August 31, 2021, the Seventh Circuit Court of Appeals reversed a summary judgment decision from the United States District Court for the Northern District of Illinois, and remanded the action with instructions to dismiss for lack of subject matter jurisdiction. Both of the parties moved for summary judgment. See Wadsworth v.

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Fair Debt Collection Judgment Collections Debt collector 52

Account Recovery

MARCH 25, 2022

A District Court judge in Illinois has dismissed a Fair Debt Collection Practices Act claim made by a plaintiff — who has the same name as a plaintiff’s attorney — against a debt collector while denying the defendant’s motion for summary judgment on a Telephone Consumer Protection Act claim, ruling that it isn’t clear (..)

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Fair Debt Collection Debt collector Judgment Collections 243

Account Recovery

OCTOBER 11, 2021

A District Court judge in Ohio has awarded a plaintiff more than $70,000 in damages and attorney fees after a default judgment was entered against a defendant in a Fair Debt Collection Practices Act case that accused the defendant of not properly identifying itself as a debt collector in conversations between the two and for … The post Judge (..)

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Fair Debt Collection Debt collector Judgment Collections 246

Nexa Collect

JUNE 18, 2023

A medical collection agency will send written demands and make persistent phone calls to your patients. Since debt collectors are on the phone all day long, they know every tactic to get paid. Since debt collectors are on the phone all day long, they know every tactic to get paid. Need a Medical Collection Agency?

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Account Recovery

AUGUST 19, 2020

A District Court judge in Utah has certified a Fair Debt Collection Practices Act class action case which accused a defendant of pursuing judgments on defaulted debts without registering as a debt collector in the state. A copy of the ruling in the case of Lawrence v.

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Fair Debt Collection Debt collector Judgment Collections 246

Account Recovery

AUGUST 18, 2020

The Ninth Circuit Court of Appeals has overturned a lower court’s ruling that granted summary judgment in favor of a debt collector that was sued for violating the Fair Debt Collection Practices Act because it was entitled to the Bona Fide Error defense, determining that the lower court erred in assessing the BFE test.

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Fair Debt Collection Debt collector Judgment Collections 246

Credit Corp

DECEMBER 14, 2020

Whether you have medical debt, credit card debt or unpaid student loans , getting calls or letters from debt collection companies can be frustrating. But it’s especially frustrating if your debt is several years old. Can a debt collector collect after 10 years? Get Help Now.

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Troutman Sanders

FEBRUARY 1, 2022

District Court for the Southern District of California, granting summary judgment in favor of a debt collector in a Fair Debt Collections Practices Act (FDCPA) case. Krieger), to collect the debt. 24, 2022) , the Ninth Circuit partially reversed a decision by the U.S.

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Debt collector Judgment Fair Debt Collection Debtor 59

Account Recovery

AUGUST 18, 2020

APPEALS COURT OVERTURNS FDCPA CASE THAT USED BFE DEFENSE The Ninth Circuit Court of Appeals has overturned a lower court’s ruling that granted summary judgment in favor of a debt collector that was sued for violating the Fair Debt Collection Practices Act because it was entitled to the Bona Fide Error defense, determining that the … The post (..)

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Fair Debt Collection Debt collector Judgment Collections 228

Account Recovery

DECEMBER 5, 2022

” … The post Calif.

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Creditors Fair Debt Collection Debt collector Judgment 242

Troutman Sanders

NOVEMBER 27, 2023

MRS BPO, LLC , the Northern District of Illinois, acting on its own motion, granted summary judgment in favor of the defense on claims asserting violations of the Fair Debt Collections Practices Act (FDCPA). When the mother became delinquent on her credit card account, the creditor hired the defendant to collect the debt.

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Debt collector Judgment Fair Debt Collection Creditors 52

Collection Industry News

APRIL 25, 2023

A debt doesn’t generally expire or disappear until its paid, but in many states, there may be a time limit on how long creditors or debt collectors can use legal action to collect a debt. Some debts, though, such as federal student loans don’t have a statute of limitations.

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Account Recovery

AUGUST 3, 2020

Judge Grants MSJ in FDCPA Case; CFPB Argues Seila Law Ruling Shouldn’t Keep Collection Firm From CID Response appeared first on AccountsRecovery.net.

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Fair Debt Collection Debt collector Collections Judgment 147

Credit Corp

AUGUST 31, 2021

Getting calls from debt collectors can be frustrating and even confusing. That’s even truer when someone is contacting you about an old debt you forgot about, thought was long resolved, or didn’t know about in the first place. Can a debt collector collect after 10 years, for example?

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Debt collector Collections Collection Agencies Collections Agency 98

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

Troutman Sanders

MARCH 28, 2023

As discussed here , in August 2020, a district court for the Middle District of Tennessee held that a medical provider’s third-party billing servicer did not qualify as a debt collector under the Fair Debt Collections Practices Act (FDCPA) because the debt was not in default when it was placed with the extended billing office (EBO).

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Debt collector Judgment Fair Debt Collection Collections 52

Account Recovery

NOVEMBER 6, 2020

In a case that was spotlighted by Barron & Newburger, a Magistrate Judge in Ohio has granted partial summary judgment in favor of a plaintiff who sued a debt collector for allegedly violating the Fair Debt Collection Practices Act because it did not identify itself as a collector when leaving voicemail messages.

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Fair Debt Collection Debt collector Judgment Collections 189

Account Recovery

MARCH 19, 2021

A District Court judge in New York has granted a plaintiff’s motion for summary judgment after it sued a debt collector for allegedly violating the Fair Debt Collection Practices Act by sending two collection letters to the plaintiff, determining that the plaintiff must have been correct when he claimed that he did not owe the … The post (..)

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Creditors Fair Debt Collection Debt collector Judgment 147

Collection Industry News

MARCH 15, 2021

A woman who claimed “stress and confusion” as injuries after she was contacted by a debt collector without her permission could not convince the 7 th Circuit Court of Appeals that the company had violated the Fair Debt Collection Practices Act. 1692c(a)(2) and (c) of the Fair Debt Collection Practices Act.

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Account Recovery

AUGUST 3, 2020

A District Court judge in Tennessee has granted a defendant’s motion for summary judgment in a Fair Debt Collection Practices Act case, agreeing that the defendant does not meet the definition of debt collector under the statute, in large part because the plaintiff’s agreement with the creditor spells out the exact nature of the relationship (..)

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Fair Debt Collection Debt collector Judgment Creditors 173

Troutman Sanders

JANUARY 18, 2022

Finding that the defendant debt collector was entitled to rely on the information provided by its client about the name of the debtor, a district court judge in Washington state granted summary judgment in favor of Puget Sound Collections, Inc. PSC) in a Fair Debt Collections Practices Act (FDCPA) case.

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Debt collector Judgment Fair Debt Collection Healthcare 52

Account Recovery

MARCH 19, 2021

Judge Grants MSJ for Plaintiff Over Status of Debt; Toomey Blocks Anti-Garnishment Law appeared first on AccountsRecovery.net.

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Garnishment Fair Debt Collection Debt collector Judgment 162

Troutman Sanders

APRIL 12, 2022

18, 2022), the court denied the parties’ cross motions for judgment on the pleadings as to claims under the Telephone Consumer Protection Act (TCPA) the Fair Debt Collections Practices Act (FDCPA) that arose out of collection calls placed after the parties had agreed to settle the underlying debt.

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Troutman Sanders

JULY 30, 2021

July 22, 2021), the Eastern District of Michigan granted summary judgment in favor of a debt collector, holding that it did not violate the Fair Debt Collections Practices Act (FDCPA) by failing to report that the plaintiff disputed the debt at issue. to collect from plaintiff, Florence Burns (Burns).

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Debt collector Judgment Fair Debt Collection Original Creditor 52

Troutman Sanders

MARCH 6, 2023

A district court in the Northern District of California recently denied in part a motion for judgment on the pleadings in a case alleging violations of the Telephone Consumer Protection Act (TCPA), Fair Debt Collection Practices Act (FDCPA), and California’s Rosenthal Act involving collection texts sent to a consumer.

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FFGN COLLECT NY

JUNE 14, 2023

When a debtor owes a creditor money and the creditor is seeking assistance collecting the amount owed, the creditor can either use a collection law firm or a collection agency. Law firms and collection agencies serve the same purpose initially.

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Law Firms Collection Agencies Collections Agency Third-party Debt Collectors 52

Credit Corp

FEBRUARY 23, 2024

Dealing with zombie debt can be extremely complicated as debt collectors may repeatedly contact you about an account that belonged to you years ago. Much like the characters in a post-apocalyptic story, it’s possible to overcome zombie debt with the right know-how. How Does Zombie Debt Work?

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Collection Agencies Collections Agency Debt collector Fair Debt Collection 52

Collection Industry News

AUGUST 3, 2021

July 22, 2021), the Eastern District of Michigan granted summary judgment in favor of a debt collector, holding that it did not violate the Fair Debt Collections Practices Act (FDCPA) by failing to report that the plaintiff disputed the debt at issue. to collect from plaintiff, Florence Burns (Burns).

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Debt collector Judgment Fair Debt Collection Original Creditor 40

FFGN COLLECT NY

MARCH 10, 2023

Debt collection is an essential service, especially in situations where your client doesn’t pay in advance. Most, if not all, businesses will utilize a debt collection service to pursue payment owed by individuals or businesses. In New York, there are differences between commercial vs consumer debt.

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Debt collector Collections Judgment Enforcement Judgment 52

Troutman Sanders

AUGUST 26, 2020

The plaintiff incurred a debt to a medical provider who placed the debt with a debt collector. The collection letter from the debt collector included a request for repayment of principal and interest. The district court agreed and granted summary judgment to the defendant.

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Debt collector Fair Debt Collection Creditors Original Creditor 52

Troutman Sanders

JANUARY 9, 2023

LLC , the district court for the Northern District of Illinois confirmed the long-standing principle that not all communications sent from a debt collector to a debtor are governed by the Fair Debt Collection Practices Act (FDCPA). ARI acquired a debt owed by the plaintiff. Absolute Resolutions Investments.,

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Debtor Debt collector Collections Fair Debt Collection 52

Collection Industry News

MARCH 23, 2021

Court of Appeals for the Third Circuit recently held that a debt collector did not violate the federal Fair Debt Collection Practices Act (FDCPA) when it sent a consumer a collection letter inviting her to “eliminate further collection action” by calling the company, when in fact only written communication could legally stop collection activity.

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Debt collector Collections Original Creditor Judgment 40

Troutman Sanders

OCTOBER 7, 2021

a Third Circuit district court granted summary judgment to the defendants in a Fair Debt Collection Practices Act (FDCPA) case. a debt buyer, retained defendant LTD Financial Services, L.P. LTD) to collect on the $4,528.59 In Bordeaux v. AA II, Inc.), Ultimately, the district court certified a class.

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Judgment Collections Debt collector Creditors 52

Troutman Sanders

JULY 28, 2020

Does a judicial foreclosure action constitute “debt collection activity” under the Fair Debt Collection Practices Act (“FDCPA”)? That remedy, called a deficiency judgment, is often available in judicial foreclosure proceedings. Court of Appeals for the Ninth Circuit in Barnes v. Routh Crabtree Olson, P.C.

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Direct Recovery

APRIL 18, 2023

Taking on debt is one of the most common ways to fuel a rapidly growing small business. But that debt can quickly become an anchor weighing down the entire company if growth sputters, and the resulting collections can be even more problematic than the debt in the first place. What is Commercial Debt Collection?

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Collection Agent Collections Debt collector Collection Agencies 52

Consumer Financial Services Law

OCTOBER 31, 2021

With the CFPB having decided to leave the effective date of the Debt Collection Rule as November 30 th , the push is on for debt collectors to ensure their compliance with the Rule by that date. Referral of the Account. As we all know by now, the Rule introduces as a new concept the “itemization date.” Section 1006.34(b)

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Troutman Sanders

AUGUST 4, 2020

In a recent decision out of the Middle District of Tennessee, a medical provider’s third-party billing servicer did not qualify as a debt collector under the Fair Debt Collections Practices Act (“FDCPA”) because the debt was not in default when it was placed with the extended billing office.

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