Troutman Sanders

FEBRUARY 26, 2021

SN Servicing, LLC , a district court in the Ninth Circuit denied a defendant’s motion for summary judgment regarding the plaintiffs’ allegations that the defendant violated the Fair Debt Collection Practices Act and Oregon Unlawful Debt Collection Practices Act in its mortgage servicing activity.

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Collection Industry News

MAY 18, 2021

The House Thursday passed legislation making a series of reforms to debt collection requirements. While NAFCU supports efforts to stop abusive debt collection practices, the association had raised concerns about language contained in the bill that would expand the definition of a “debt collector” and increase risks to lenders.

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Taurus Collect

JUNE 12, 2023

If clients fail to stick to their payment plans as agreed, debt collection agencies are often needed in order to help recoup any losses incurred. Understanding this core information is key for any successful collections process. This can include court judgments, liens, bankruptcies, and foreclosures.

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Taurus Collect

JUNE 12, 2023

If clients fail to stick to their payment plans as agreed, debt collection agencies are often needed in order to help recoup any losses incurred. Understanding this core information is key for any successful collections process. This can include court judgments, liens, bankruptcies, and foreclosures.

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Burr Forman

MAY 20, 2021

2547 (the “Comprehensive Debt Collection Improvement Act” or “CDCIA”). Originally introduced by House Financial Services Chairwoman Maxine Waters, the CDCIA’s primary purpose is to provide additional financial protections for consumers and place restrictions on debt collection activities by amending several consumer finance statutes.

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Collection Industry News

APRIL 30, 2023

On April 26, the Consumer Financial Protection Bureau (CFPB or Bureau) issued an advisory opinion reminding the industry that a debt collector who brings or threatens to bring a foreclosure action to collect a time-barred mortgage debt may violate the Fair Debt Collection Practices Act (FDCPA).

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Collection Industry News

AUGUST 11, 2020

Deploying police to impose debt and using the justice system to collect it undermine public safety. A 2018 study found that police departments in cities that rely heavily on court debt as a revenue source solve violent crimes at lower rates than those that rely on more equitable revenue sources.

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Collection Industry News

MAY 18, 2021

Despite objections from CUNA and NAFCU, the House of Representatives passed the Comprehensive Debt Collection Improvement Act on Thursday. 2547, the Non-Judicial Foreclosure Debt Collection Clarification Act, which would reverse the unanimous decision made by the Supreme Court of the United States (SCOTUS) in 2019.

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Consumer Financial Services Law

OCTOBER 17, 2017

An unpublished opinion from the Eleventh Circuit continues its analysis of the definition of a debt collector and continues to narrow the applicability of the FDCPA. 2015) was one of the first opinions to parse the definition of a debt collector under 15 U.S.C. Capital One Bank, 797 F.3d 3d 1309 (11 th Cir. In Kurtzman v.

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Consumer Financial Services Law

MAY 10, 2017

A recent decision from a Louisiana district court should provide some comfort to banks and other financial institutions who acquire other entities by merger – at least in the Fifth Circuit, they are not debt collectors. As most know, Bank of America (BoA) acquired Countrywide Bank FSB and its mortgage portfolio in 2008. In Jackson v.

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Better Credit Blog

FEBRUARY 15, 2021

Are collections accounts weighing heavily on your credit report? If you’ve fallen behind on any of your accounts, you could find Fairway Collections on your credit report. As long as the collections entry stays on your report, it’s hurting your score. About Fairway Collections. Self-pay collections.

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Better Credit Blog

FEBRUARY 5, 2021

If you’re concerned about an entry on your credit report from BRG Collections, we can help. BRG specializes in collecting on unpaid consumer debts. Read on for an overview of BRG, debt collections, and the process of getting a collections account off your report. About BRG Collections LLC.

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Better Credit Blog

FEBRUARY 2, 2021

Is BGE Collections lowering your credit score? BGE Collections is a debt collection agency. If you fell behind on power payments from Baltimore Gas and Electric Company, their collections department could contact you. Read on for our guide to getting BGE Collections out of your life and off your credit report.

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Better Credit Blog

MARCH 1, 2021

If your credit report is displaying a collections account for Bank of America, it’s probably because you missed a payment somewhere down the line. How you should respond to a collections entry from Bank of American depends on several factors. How Does Bank of America’s Debt Collection Work? Hunt and Henrique’s.

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Better Credit Blog

MARCH 1, 2021

If your credit report is displaying a collections account for Bank of America, it’s probably because you missed a payment somewhere down the line. How you should respond to a collections entry from Bank of American depends on several factors. How Does Bank of America’s Debt Collection Work? Hunt and Henrique’s.

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BN Lawyers

JANUARY 14, 2019

Section 1692g(a) of the FDCPA mandates the sending of a “validation” notice within five days of a debt collector’s initial communication with a consumer. A debt collector is free to collect during the thirty-day period as long as it does not overshadow or contradict the consumer’s thirty-day rights. In Scott v.

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Troutman Sanders

JULY 14, 2021

At the time Carrington became the mortgage servicer, Heinz’s loan was already in default and a foreclosure sale was scheduled for the first of the following month. Thereafter, the foreclosure sale of Heinz’s property was postponed to November 14, 2017. However, the foreclosure sale proceeded as scheduled on November 14, 2017.

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Collection Industry News

OCTOBER 6, 2020

It was a great time to be a debt collector. In August, Encore Capital, the largest debt buyer in the country, announced that it had doubled its previous record for earnings in a quarter. There was no ban on collections of old credit card bills, Encore’s specialty. But now even that hiccup is over. Elizabeth A.

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Better Credit Blog

FEBRUARY 24, 2021

Whether you came across First National Collection Bureau while checking your credit or received a phone call or letter from the agency, you need to respond quickly. As long as a collections account is on your report, it hurts your credit, not to mention adding stress to your daily life. What Is First National Collection Bureau?

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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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Better Credit Blog

FEBRUARY 18, 2021

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? Based in Westchester, Pennsylvania, BYL is a third-party collections agency that was founded in 1998.

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Sawin & Shea

NOVEMBER 23, 2022

Once bankruptcy is filed, whether it’s under Chapter 7 or Chapter 13 , an automatic stay prevents debt collectors from taking further legal action. Does bankruptcy clear lawsuit debt? Creditors can, and most likely will, take you to court if you owe a debt such as a credit card or medical bills and cannot pay.

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Sawin & Shea

FEBRUARY 16, 2022

An automatic stay is an injunction prohibiting creditors from collecting debts. Some situations in which an individual may want to consider filing for emergency bankruptcy include: Wage garnishment Creditors levying your bank accounts or property An impending home foreclosure sale Imminent car repossession.

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Consumer Financial Services Law

FEBRUARY 18, 2019

McCarthy & Holthus LLP regarding whether non-judicial foreclosures qualify as debt collection under the FDCPA, the Sixth Circuit doubled down on its position that non-judicial foreclosures are debt collection. Building on its 2013 decision in Glazer v. Chase Home Finance LLC., 3d 453 (6th Cir.

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Better Credit Blog

FEBRUARY 24, 2021

Whether you came across First National Collection Bureau while checking your credit or received a phone call or letter from the agency, you need to respond quickly. As long as a collections account is on your report, it hurts your credit, not to mention adding stress to your daily life. What Is First National Collection Bureau?

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Troutman Sanders

FEBRUARY 27, 2023

district court judge in the Western District of New York ended a class action lawsuit by holding that communications between attorneys are not actionable under the Fair Debt Collection Practices Act (FDCPA). After lengthy discovery and litigation, a U.S.

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FDCPA Defense

SEPTEMBER 22, 2018

Can a communication from a collector violate the Fair Debt Collection Practices Act, 15 U.S.C. What exactly does the term “debt collection” mean in the context of the FDCPA? It prohibits debt collectors from engaging in a broad range of unfair and misleading debt collection practices.

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Better Credit Blog

FEBRUARY 12, 2021

Did you know the unpaid tolls can go to collections just like any other type of debt? As long as EZ Pass Collections is on your credit report, it can lower your score and hold you back from getting the financing you need. Instead, you should use one of the strategies below to ensure that EZ Pass Collections gets removed ASAP.

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Collection Industry News

SEPTEMBER 23, 2020

However, over the past several years, the civil courts in most states have been overrun by debt collection cases against consumers. Some key findings from the Pew research include: • Between 1993 and 2013, the number of debt collection cases filed annually more than doubled, from 1.7 million to about 4 million.

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Jimerson Firm

DECEMBER 14, 2021

Two important statutes for all businesses to be aware of are the Florida Consumer Collection Practices Act (FCCPA) and the Fair Debt Collection Practices Act (FDCPA). Fair Debt Collection Practices Act. For example, a debt collector cannot: use violence or make repetitive telephone calls (15 U.S.C.

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Troutman Sanders

JULY 27, 2023

The findings included in the report cover examinations in the areas of auto origination, auto servicing, consumer reporting, debt collection, deposits, fair lending, information technology, mortgage origination, mortgage servicing, payday and small dollar lending, and remittances.

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Better Credit Blog

FEBRUARY 15, 2021

If you’ve received calls or letters from FCO Collections or noticed the name on your credit report, you probably have questions. Collections agencies like FCO may show up on your report when you forget to pay a bill or fall behind on your payments. About FCO Collections. Fair Collections & Outsourcing Inc.

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Foster Swift

APRIL 28, 2019

For many, the term “debt collection” calls to mind threatening letters and harassing, late-night phone calls. Read More › Tags: Collections , Financing , U.S. Supreme Court.

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Credit Corp

JUNE 14, 2023

Keep in mind that a creditor writing off your unpaid debt as a loss doesn’t mean you don’t owe the debt. Your creditor may sell your charged-off debt to a collection agency for pennies on the dollar. The collection agency may then attempt to collect the debt anew.

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Troutman Sanders

APRIL 12, 2021

Our bank and loan servicing clients also face novel challenges affecting their industry due to COVID-19, particularly the ever-changing rules and regulations concerning evictions and foreclosures. The second debt collection rule clarifies disclosures debt collectors must provide to consumers at the beginning of collection communications.

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Sawin & Shea

AUGUST 24, 2020

Bankruptcy will wipe out credit card debt, medical bills, and personal loans, but will not eliminate primary obligation debt; things like student loans, child and spousal support, and newer tax debt. Bankruptcy can also stop or delay a home or mortgage foreclosure, stop collection actions, stop garnishments and lawsuits.

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Better Credit Blog

MARCH 2, 2021

If you have a collections account from H&R Accounts on your report, it’s important to get it removed as soon as possible. Read on to learn more about H&R Accounts and how you need to respond to their collection attempts. H&R Accounts is a small debt collections agency headquartered in East Moline, Illinois.

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