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.

Judgment 52

Judgment Collections Fair Debt Collection Debt collector 52

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. In doing so, it held that a collection letter, which indicated that the debtor could only dispute the underlying debt in writing, violated the FDCPA.

Debt collector 59

Debt collector Judgment Fair Debt Collection Debtor 59

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.

Foreclosure 52

Foreclosure Judgment Collections Fair Debt Collection 52

Troutman Sanders

MAY 5, 2021

Germain Law Office PLC , an Arizona District Court denied a plaintiff’s motion for partial judgment on the pleadings in a Fair Debt Collection Practices Act case. The district court denied the plaintiff’s motion for partial judgment on the pleadings on all issues.

Judgment 52

Judgment Collections Repossession Fair Debt Collection 52

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.

Judgment 52

Judgment Collections Debt collector Creditors 52

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.

Debt collector 52

Debt collector Collections Judgment Enforcement Judgment 52

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?

Collection Agent 52

Collection Agent Collections Debt collector Collection Agencies 52

Debt Free Colorado

FEBRUARY 21, 2022

Does Colorado Law Protect Me From Debt Collectors? When collecting a debt from you, collection agencies must adhere to federal and state rules. Fortunately, the federal Fair Debt Collection Practices Act (FDCPA) protects all states. What is the Federal Fair Debt Collection Practices Act (FDCPA)?

Debt collector 98

Debt collector Fair Debt Collection Collection Agencies Collections Agency 98

Troutman Sanders

JANUARY 28, 2021

This bill modifies the limitations of certain debt collection actions enacted in Senate Bill 20-211 , most notably extending the moratorium on extraordinary collection actions from February 1, 2021 to June 1, 2021. Additionally, the notice must include very specific language — detailed in section 24-33.5-704.3(5)(a)(I)

Collections 52

Collections Garnishment Debtor Judgment 52

Troutman Sanders

AUGUST 29, 2023

District Court for the Western District of New York granted the plaintiff’s motion for class certification for alleged violations of the Fair Debt Collections Practices Act (FDCPA) relating to an allegedly improper debt assignment notification. The default judgment was later assigned to Palisades Acquisition.

Acquisition 52

Acquisition Garnishment Judgment Debtor 52

Collection Industry News

AUGUST 18, 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.

Foreclosure 40

Foreclosure Judgment Collections Fair Debt Collection 40

Collection Industry News

OCTOBER 27, 2020

Axiom Acquisition Ventures, LLC (“Axiom”) bought Robert Valenzuela’s consumer debt from a bank after he allegedly defaulted on his personal loan payments. Court of Appeals for the Eleventh Circuit, that a communication from a debt collector can have dual purposes, such as giving notice and demanding payment.

Debtor 40

Debtor Debt collector Fair Debt Collection Acquisition 40

Collection Industry News

JUNE 1, 2023

Introduction: The debt collection industry plays a vital role in the global economy, helping businesses recover outstanding debts and maintain financial stability. The growing complexity of financial products, such as credit cards, mortgages, and student loans, has led to a surge in outstanding debts.

Collections 40

Collections Collection Agencies Collections Agency Debt collector 40

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.

Debt collector 52

Debt collector Judgment Fair Debt Collection Healthcare 52

Troutman Sanders

OCTOBER 15, 2020

Axiom Acquisition Ventures, LLC (“Axiom”) bought Robert Valenzuela’s consumer debt from a bank after he allegedly defaulted on his personal loan payments. Court of Appeals for the Eleventh Circuit, that a communication from a debt collector can have dual purposes, such as giving notice and demanding payment.

Debtor 40

Debtor Debt collector Fair Debt Collection Acquisition 40

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. Privacy Policy.

Debt collector 98

Debt collector Collections Judgment Collection Agencies 98

Troutman Sanders

SEPTEMBER 15, 2020

On September 4, 2020, the Second Circuit Court of Appeals overturned summary judgment granted to a debt collector who had sent collection documents to the wrong person, ruling that it was not entitled to the bona fide error defense because it lacked procedures governing the factual mistake. Wagner, Jr.

Collection Agencies 52

Collection Agencies Collections Agency Debtor Debt collector 52

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.

Foreclosure 52

Foreclosure Judgment Collateral Fair Debt Collection 52

Sawin & Shea

SEPTEMBER 27, 2023

If you are a victim of debt collector harassment, it’s important to know the debt collection laws, and consider your options for debt relief. Chapter 7 is also known as liquidation bankruptcy because in exchange for receiving a discharge of most kinds of debts, the debtor has to give up non-exempt assets.

Chapter 7 bankruptcy 52

Chapter 7 bankruptcy Bankruptcy Debt collector Debtor 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 106

Collection Agencies Collections Agency Credit Bureau Collections 106

Troutman Sanders

NOVEMBER 8, 2023

Last week, a district court in Nevada held that an undated, model form debt validation notice does not violate the Fair Debt Collection Practices Act (FDCPA). the defendant sent a debt validation letter to the plaintiff that followed the model form provided by the Consumer Financial Protection Bureau (CFPB).

Debt collector 52

Debt collector Debtor Fair Debt Collection Education 52

Troutman Sanders

JULY 31, 2020

The Middle District of Pennsylvania recently held that including line items for interest and fees in a debt collection letter when no interest or fees are sought does not violate the Fair Debt Collections Practices Act (“FDCPA”). ACS”), seeking to collect a consumer debt. In Reyes v.

Collections 52

Collections Fair Debt Collection Debtor Judgment 52

Credit Corp

AUGUST 31, 2021

Can a debt collector collect after 10 years, for example? Can a debt collector collect after 10 years? How long can a debt collector pursue an old debt? How long can a debt collector pursue an old debt? Can a Debt Collector Collect After 10 Years? In This Piece.

Debt collector 98

Debt collector Collections Collection Agencies Collections Agency 98

The Kaplan Group

OCTOBER 19, 2020

FDCPA ( Fair Debt Collection Practices Act). The Fair Debt Collection Practices Act (FDCPA) is a federal law that restricts the behavior of collection agencies when they are attempting to collect money from individuals. The law does not apply to collecting from businesses. Garnishment.

Credit Counselor 59

Credit Counselor Garnishment Fair Debt Collection Debt settlement 59

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

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. In dicta in Kropelnicki v. Siegel , 290 F.3d 3d 118 (2d Cir.

Foreclosure 52

Foreclosure Fair Debt Collection Debt collector Debtor 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.

Debt collector 40

Debt collector Collections Original Creditor Judgment 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

Collection Industry News

FEBRUARY 25, 2022

In Minnesota, a creditor may issue a garnishment summons to any third party “at any time after entry of a money judgment in [a] civil action.” Debtor brought suit under 15 U.S.C. The parties stipulated as to remedy, and the trial court entered final judgment awarding Debtor statutory damages plus attorney’s and filing fees.

Garnishment 40

Garnishment Debtor Debt collector Judgment 40

Collection Industry News

SEPTEMBER 23, 2020

Court of Appeals for the Second Circuit recently held that a debt collector did not violate the federal Fair Debt Collection Practices Act (FDCPA) where it unintentionally sent a valid debt collection communication to a non-debtor. Wagner” because the collection firm “believe[d] there is a William J.

Debtor 40

Debtor Debt collector Judgment Retrieval 40

Troutman Sanders

NOVEMBER 1, 2021

28, 2021) , plaintiff Roberta Bordeaux, on behalf of herself and a class of similarly situated persons, asserted that defendant debt collector LTD Financial Services LP (LTD) violated the Fair Debt Collection Practices Act (FDCPA) by sending collection letters, referencing potential tax reporting consequences of accepting a debt settlement.

Fair Debt Collection 52

Fair Debt Collection Debt settlement Judgment Financial services 52

Troutman Sanders

FEBRUARY 24, 2022

Preferred Collection and Management Services Inc. Preferred Collection and Management Services Inc. For context, Section 1692c(b) of the FDCPA prohibits a debt collector from communicating with most third parties “in connection with the collection of any debt” unless it has the consumer’s consent.

Collections 52

Collections Debt collector Fair Debt Collection Debtor 52

Collection Industry News

DECEMBER 21, 2020

Court of Appeals for the Ninth Circuit recently reversed an award of summary judgment in favor of a defendant debt collector against claims that it violated the federal Fair Debt Collection Practices Act (FDCPA) by attempting to collect a debt that was discharged in bankruptcy and no longer owed.

Bankruptcy 40

Bankruptcy Chapter 13 bankruptcy Law Firms Debtor 40

Collection Industry News

NOVEMBER 2, 2020

Mario Barboza was a resident of Collin County, Texas when Pharia, LLC, successor in interest to defendant Pallida LLC, filed a collections action in 2010 in Denton County, Texas to recover the balance due on Barboza’s credit card. In early 2011, a default judgment was obtained against Barboza.

Garnishment 40

Garnishment Judgment Debt collector Fair Debt Collection 40

Troutman Sanders

OCTOBER 28, 2020

Mario Barboza was a resident of Collin County, Texas when Pharia, LLC, successor in interest to defendant Pallida LLC, filed a collections action in 2010 in Denton County, Texas to recover the balance due on Barboza’s credit card. In early 2011, a default judgment was obtained against Barboza.

Garnishment 40

Garnishment Judgment Debt collector Fair Debt Collection 40

Burr Forman

NOVEMBER 1, 2021

Preferred Collection and Management Services, Inc., In Hunstein , the Eleventh Circuit reversed the dismissal of a Fair Debt Collection Practices Act (“FDCPA”) lawsuit alleging that the Defendant, a debt collector, had violated third party disclosure prohibitions in the FDCPA by using a mail vendor to mail its dunning letters.

Fair Debt Collection 52

Fair Debt Collection Debt collector Debtor Judgment 52

Collection Industry News

JANUARY 29, 2021

Court of Appeals for the Seventh Circuit recently vacated judgment in favor of a debt collector against putative class action claims raised by a consumer that its collection letter violated the federal Fair Debt Collection Practices Act (FDCPA) by threatening action that could not legally be taken and amounting to a false representation.

Debt collector 40

Debt collector Fair Debt Collection Judgment Creditworthiness 40