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.

Debt collector 40

Debt collector Collections Original Creditor Judgment 40

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).

Debt collector 40

Debt collector Judgment Fair Debt Collection Original Creditor 40

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.

Debt collector 52

Debt collector Fair Debt Collection Creditors Original Creditor 52

FFGN COLLECT NY

DECEMBER 12, 2023

Is there a law in NYC that protects consumers and debtors from debt collecting agencies, businesses, and their attorneys? Suppose you are under constant pressure from these agencies and their legal representatives to settle your debt. Consumers must be aware that the debt they are being collected for is valid.

Debtor 52

Debtor Debt collector Debt Buying Original Creditor 52

Credit Corp

NOVEMBER 9, 2020

If you or someone you know has dealt with a collection agency, you know how trying it can be. Debt collection agencies have a long history of harassment and illegal practices. Can a collection agency report to a credit bureau without notifying you? It does not come into play for creditors collecting their own debts.

Collection Agencies 105

Collection Agencies Collections Agency Credit Bureau Collections 105

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?

Collection Agencies 52

Collection Agencies Collections Agency Debt collector Fair Debt Collection 52

Collection Industry News

OCTOBER 12, 2020

Here’s some bedrock—debt collectors can call numbers supplied by the consumer to an original creditor as part of a credit transaction. Defendant moved for summary judgment and court granted. Either way, it never hurts to have a court decide that consent passed from a creditor to a debt collector.

Debt collector 40

Debt collector Creditors Original Creditor Judgment 40

Troutman Sanders

NOVEMBER 16, 2021

The Act amends provisions of New York’s Civil Practice Law and Rules, commonly referred to as the CPLR, and the Judiciary Law to require original creditors and third-party debt collectors to include certain information and documents when filing and prosecuting debt collection actions.

Third-party Debt Collectors 52

Third-party Debt Collectors Consumer Credit Original Creditor Debt collector 52

Credit Corp

JUNE 14, 2020

The most common cases of zombie debt involve collection activities. Here’s one example of how a zombie might rise with help from a collection agency. You default on a debt. The original lender or collection agency fails to collect within the statute of limitations. Zombie Debts and Judgments.

Debt collector 98

Debt collector Judgment Collection Agencies Collections Agency 98

Credit Management Company

AUGUST 9, 2022

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.

Debt collector 52

Debt collector Debtor Fair Debt Collection Original Creditor 52

Collection Industry News

JANUARY 29, 2021

Under the final rule, debt collectors must provide the consumer with certain information relating to the debt and the consumer’s rights (Validation Notice). consumer response information, such as prepared statements and prompts that the consumer may use to take certain actions, including disputing the debt.

Debt collector 40

Debt collector Collections Creditors Original Creditor 40

Troutman Sanders

OCTOBER 12, 2021

district judge in Arkansas recently granted the defendant McKendra Adams’s (Adams) motion to dismiss for lack of standing involving an alleged violation of the Fair Debt Collection Practices Act (FDCPA). Cheatham won the state court suit, and the debt was deemed to be unenforceable because notice was deficient under Arkansas law.

Debt collector 52

Debt collector Fair Debt Collection Judgment Creditors 52

Better Credit Blog

APRIL 3, 2022

Portfolio Recovery Associates, LLC, is a collection agency that buys old debts from lenders and companies that have been unable to collect the debt themselves. Portfolio Recovery buys multiple accounts with old debt from companies that have given up and “charged off” the accounts. This is called a charge-off.

Debt collector 87

Debt collector Collection Agencies Collections Agency Garnishment 87

Consumer Financial Services Law

JANUARY 22, 2021

Enloe On December 18, 2020, the CFPB published the remainder of its Final Debt Collection Rule (the “Rule”) highlighting its crown jewel - the provisions centering around debt validation notices. makes provision for sending debt validation notices when the consumer is deceased. By Caren D. Section 1006.2(c)

Debt collector 40

Debt collector Collections Creditors Original Creditor 40

National Service Bureau

MAY 27, 2015

Medical collections are a particularly difficult field - they demand tact, human dignity, and effective collection tactics all at the same time. Nearly half of all medical collection complaints filed with the CFPB in 2014 regarded continued attempts to collect a debt not owed.

Collections 40

Collections Debt collector Collection Agencies Collections Agency 40

Debt RR

AUGUST 3, 2020

Sometimes, that debt gets out of hand and businesses find themselves on the receiving end of calls from commercial debt collection agencies. Calls from a commercial debt collector can create an enormous amount of stress for many business owners. What Do Commercial Debt Collection Agencies Do?

Collection Agencies 43

Collection Agencies Collections Agency Debt collector Collections 43

Debt Collection Answers

MAY 18, 2023

Like all other debt collectors, DNF Associates, LLC depends on multiple sources of information to pursue debt collection. This involves gathering all relevant information and evidence regarding the purported debt. Typically, DNF Associates purchase these debts for as low as 10% of the original amount owed.

Acquisition 52

Acquisition Garnishment Judgment Banks 52

BN Lawyers

JANUARY 14, 2019

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. But what if the debt collector initiates a process that is not readily stopped if the consumer makes a timely request for validation? In Scott v. Trott Law, P.C. ,

Foreclosure 40

Foreclosure Debt collector Collections Chapter 13 bankruptcy 40

Collection Industry News

NOVEMBER 2, 2020

The letter informed the consumer that she may dispute the debt or request verification, but did not specify that this must be done in writing. The panel found that the consumer lacked standing because she failed to allege that the debt collector’s actions harmed her or posed any risk to her. Creditor ID Claims—A Mixed Bag.

Debt collector 40

Debt collector Judgment Creditors Construction 40

Better Credit Blog

APRIL 1, 2022

If you fall into hard times, the inability to pay off your credit card bills or student loans can result in your debts being transferred to a debt collection agency. In other words, they are an aggressive company, and having them stalking you for a collection is never nice. Have a Professional Remove the Collection.

Collection Agencies 77

Collection Agencies Collections Agency Garnishment Fair Debt Collection 77

Consumer Financial Services Law

MAY 25, 2021

Enloe Last month, the entire ARM industry was caught by surprise when the Eleventh Circuit held that a debt collector’s transmittal of information to a third-party letter vendor violated Section 1692c(b) of the FDCPA. Preferred Collection and Management Services, Inc., Hunstein v. LEXIS 11648, 994 F.3d 3d 1341 (11 th Cir.

Debt collector 40

Debt collector Collection Agencies Collections Agency Collections 40

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.

Foreclosure 89

Foreclosure Chapter 13 bankruptcy Bankruptcy Chapter 7 bankruptcy 89

Better Credit Blog

APRIL 1, 2022

Whatever you’re dealing with, late payments, collections, charge-offs, or foreclosures, the following techniques can clean up your credit quickly. Collection). Write a letter to the original creditor or collection agency and ask them to remove the negative entry from your credit history as an act of goodwill.

Bankruptcy 114

Bankruptcy Collection Agencies Collections Agency Lender 114

Debt RR

DECEMBER 13, 2019

trillion worth of debt. When faced with mounting debt, it’s inevitable that someone will come to collect. Many people are facing a debt collector threatening to serve papers. When courts get involved, debt collection gets serious. What Happens If You Ignore a Debt Collector?

Debt collector 42

Debt collector Debtor Bankruptcy Creditors 42

Taurus Collect

NOVEMBER 15, 2023

Experiencing a constant barrage of calls from debt collectors can be overwhelming, to say the least. Many wonder, “How many times can a debt collector call me in one day?” In this post, we will explore the rights and regulations governing debt collection in the UK. or after 9 p.m.,

Debt collector 52

Debt collector Fair Debt Collection Collection Agencies Collections Agency 52

FDCPA Defense

NOVEMBER 11, 2014

It is impossible to catalogue the manifold ways, some subtle and some not, in which a debt collector may attempt to circumnavigate section 1692g.” The First Circuit recently observed: “Overshadowing is rarely a black-or-white proposition: there are many shades of gray. Law Office of Mandy L. Spaulding , 766 F.3d 3d 98, 106 (1st Cir.

Debt collector 40

Debt collector Debtor Creditors Original Creditor 40

FDCPA Defense

JANUARY 28, 2012

Lawyers and agency owners are being sued based on the conduct of their clients and their collectors. Even original creditors, who are not subject to the FDCPA, are being drawn into FDCPA litigation under various theories of recovery. How can debt collectors avoid liability for the conduct of others?

Debt collector 40

Debt collector Retrieval Original Creditor Creditors 40

FDCPA Defense

MARCH 2, 2014

The Dodd-Frank Act gave the Consumer Financial Protection Bureau (“CFPB”) sweeping authority to prohibit the use of “unfair, deceptive or abusive” acts or practices (“UDAAPs”) in connection with the collection of consumer debts. The Asset Consent Decree also reflects the FTC’s hostility to collecting time-barred debts.

Debtor 40

Debtor Banks Original Creditor Collections 40

FDCPA Defense

JUNE 9, 2012

The knowing failure to communicate that a "disputed" debt is disputed is a violation of section 1692e(8). 1998) (section 1692e(8) "requires a debt collector who knows or should know that a given debt is disputed to disclose its disputed status to persons inquiring about a consumer's credit history.") (emphasis added); Sunga v.

Credit Card Debt 40

Credit Card Debt Debt collector Original Creditor Banks 40

Consumer Financial Services Law

AUGUST 14, 2017

The juxtaposition of Sections 1692e and 1692g continues to be a battle ground for the consumer bar and collection industry. Section 1692e prohibits false, deceptive or misleading representations in connection with the collection of a debt. In Powers v. Capital Mgmt Servs., LEXIS 121536 (D.

Debt collector 40

Debt collector Creditors Judgment Original Creditor 40

FDCPA Defense

AUGUST 22, 2016

There, the collection law firm defendant communicated with plaintiff on a number of occasions, and each time the firm identified itself as a “debt collector,” as required by section 1692e(11) of the FDCPA. Thank You,” without specifically reciting he was a “debt collector.” Hollins Law Firm , _F.3d

Debtor 40

Debtor Debt collector Law Firms Accrued Interest 40