Account Recovery

APRIL 5, 2024

In a case that was defended by Patrick Newman and Kira Locke from Bassford Remele, a District Court judge in Minnesota has granted a defendant’s motion to dismiss a Fair Debt Collection Practices Act case, because the plaintiff lacked standing on some of her claims, failed to state a claim on others, and should have […]

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Account Recovery

MARCH 24, 2021

A bill has been introduced in the House of Representatives that would amend the Fair Debt Collection Practices Act to prohibit the collection of any debt for which the statute of limitations has expired. The text of the bill, H.R.2135,

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Fair Debt Collection Collections 204

Collection Industry News

JUNE 14, 2021

Colorado’s Administrator of the Uniform Consumer Credit Code recently amended the rules implementing the state’s Fair Debt Collection Practices Act. Provisions governing collection costs, letters of admonition, and the retention of recorded communications were also amended.

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Troutman Sanders

SEPTEMBER 12, 2023

PRRS), a collection company, was accused of violating the Colorado Fair Debt Collection Practices Act (CFDCPA) by allegedly illegally collecting or attempting to collect on parking fines that were already paid or were incurred by another vehicle owner. Parking Revenue Recovery Services, Inc.

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Account Recovery

FEBRUARY 15, 2024

A District Court judge in Mississippi has granted a defendant’s motion to dismiss a Fair Debt Collection Practices Act case after it was sued by a plaintiff representing himself, claiming the defendant violated the statute because it was attempting to collect a debt that was not owed to that company and because it was allegedly […]

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Fair Debt Collection Collections 147

Account Recovery

DECEMBER 16, 2022

One of the nation’s largest financial institutions has been ordered by a state court judge in California to pay $2 million after it was accused of violating the Rosenthal Fair Debt Collection Practices Act and the Fair Debt Collection Practices Act by making “harassing and annoying” debt collection calls to its customers.

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Account Recovery

JULY 29, 2022

A District Court judge in New Jersey has denied a defendant’s motion to dismiss and a motion for sanctions against the plaintiff in a Fair Debt Collection Practices Act case that is accusing a law firm of improperly adding a collection fee in an itemization table included in a summons that was attempting to recover … The post Judge Denies (..)

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Foster Swift

MARCH 23, 2023

Sixth Circuit Court of Appeals issued a decision with important implications for parties involved in debt collections regulated under the Fair Debt Collection Practices Act (FDCPA) [1]. The decision, in Bouye v.

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Fair Debt Collection Collections 52

Account Recovery

DECEMBER 16, 2022

Suit Accuses Collector of Attempting to Collect on Non-Existent Lease; Cap One to Pay $2M to Settle Collection Enforcement Action first appeared on AccountsRecovery.net. The post Daily Digest – December 16.

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Fair Debt Collection Collections Debt collector 246

Consumer Finance

MARCH 21, 2021

The Consumer Financial Protection Bureau (CFPB) released today the 2020 annual report to Congress on the administration of the Fair Debt Collection Practices Act (FDCPA).

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Account Recovery

FEBRUARY 8, 2024

A District Court judge in North Carolina has granted a defendant’s motion to dismiss a Fair Debt Collection Practices Act case, ruling that the plaintiff failed to state a claim after accusing the defendant of violating the statute by sending a collection summons and complaint to an incorrect address, obtaining a default judgment, and garnishing (..)

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Account Recovery

MAY 6, 2024

A bill has been introduced in the House of Representatives to amend the Fair Debt Collection Practices Act in order to include additional information when sending the validation notice while also expanding the requirements before filing collection lawsuits. What It Is: H.R.

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Fair Debt Collection Collections 248

Account Recovery

JULY 25, 2024

A District Court judge in Michigan is questioning the “aggressive” defense that has been mounted in a Fair Debt Collection Practices Act case, denying a motion to dismiss for the third time after the defendant accused the plaintiff of lying to prove he had standing to pursue his claim.

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Fair Debt Collection Collections 130

Account Recovery

SEPTEMBER 1, 2022

A District Court judge in Indiana has granted a defendant’s motion for summary judgment in a Fair Debt Collection Practices Act case, ruling the plaintiff did not suffer a concrete injury after receiving two collection letters from the defendant on the same day — each signed by a different attorney.

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Account Recovery

SEPTEMBER 26, 2022

The threshold for establishing that you suffered a concrete injury in violation of the Fair Debt Collection Practices Act upon receiving a collection letter may be higher than its ever been for a plaintiff, but I think everyone can agree that claiming you did not even appear to read it is going to cause problems … The post Not Reading Collection (..)

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Fair Debt Collection Collections 246

Account Recovery

NOVEMBER 30, 2023

Filing a collection lawsuit without including all the proper documentation and then voluntarily dismissing the suit is not a violation of the Fair Debt Collection Practices Act, a District Court judge in Illinois has ruled, granting the defendant’s motion to dismiss.

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Account Recovery

JUNE 17, 2022

A District Court judge in Illinois has granted a defendant’s motion for summary judgment after it was sued for allegedly violating the Fair Debt Collection Practices Act, ruling that the defendant was engaged in early-out collections and that it was not attempting to collect on a debt that was in default when it contacted the … The post (..)

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Account Recovery

JULY 24, 2024

A District Court judge in Florida has denied competing motions for summary judgment in a Fair Debt Collection Practices Act case, in a case that hinges on whether a consumer saying, “Okay. Well, thank you for your assistance then. That’s all I really needed for now.

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Account Recovery

AUGUST 5, 2022

A copy of the … The post Judge Partially Grants MSJ for Plaintiff in FDCPA Case Over Collecting Incorrect Amount appeared first on AccountsRecovery.net.

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Account Recovery

MAY 25, 2022

A complaint has been filed in federal court in California accusing a number of healthcare providers and a collection agency of violating state law as well as the Fair Debt Collection Practices Act by attempting to collect on a debt that was incurred as a result of injuries suffered while the plaintiff was working and … The post Complaint Accuses (..)

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Creditors Fair Debt Collection Collections Healthcare 246

Account Recovery

JULY 23, 2024

In a case that was defended by Xerxes Martin and Jacob Bach at Martin Golden Lyons Watts Morgan, a District Court judge in Maryland has granted a defendant’s motion to dismiss a Fair Credit Reporting Act and Fair Debt Collection Practices Act case for lack of personal jurisdiction.

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Fair Debt Collection Collections 130

Account Recovery

APRIL 13, 2022

A hospital and the collection law firm it uses have removed a class-action lawsuit filed against them to federal court in New Jersey, after they were accused of violating the Fair Debt Collection Practices Act and the Health Insurance Portability and Accountability Act by including the plaintiff’s health insurance policy number on documents in (..)

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Law Firms Fair Debt Collection Collections 246

Account Recovery

FEBRUARY 16, 2024

A District Court judge in New York has granted a defendant’s motion to dismiss a Fair Debt Collection Practices Act class-action lawsuit on the grounds the plaintiff did not suffer a concrete injury and thus does not have standing to sue, after she was sued in state court for an unpaid debt that she claimed […]

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Fair Debt Collection Collections 130

Account Recovery

FEBRUARY 9, 2022

The Attorney General of Georgia yesterday announced a settlement with a creditor accused of engaging in deceptive sales and marketing tactics while also allegedly violating the Fair Debt Collection Practices Act that will see the company pay nearly $150,000 in fines while also agreeing to make significant changes to its business operations.

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Creditors Fair Debt Collection Collections 246

Account Recovery

MARCH 10, 2022

A class-action lawsuit has been filed in Florida against a collector for allegedly violating the Fair Debt Collection Practices Act because the discount offers that were included in a collection letter were vague and deceptive. A copy of the complaint in the case of Edouard v. Unifin can be accessed by clicking here.

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Fair Debt Collection Collections 246

Account Recovery

NOVEMBER 30, 2023

A collection agency and a healthcare provider in Oregon are being sued by an individual who is seeking $2 million in punitive damages because the provider has not complied with state and federal laws regarding charity care and financial assistance and violating the Fair Debt Collection Practices Act.

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Account Recovery

SEPTEMBER 10, 2021

A motion has been filed in a West Virginia federal court to approve a settlement in a class action Fair Debt Collection Practices Act and West Virginia Consumer Credit Protection Act case that will see the defendant pay $995,000 after it was accused of sending letters that did not include updated language required under state … The post Collector (..)

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Fair Debt Collection Collections Consumer Credit Credit Management 245

Account Recovery

MAY 10, 2022

A complaint has been filed in California accusing a collector of violating the Fair Debt Collection Practices Act and Regulation F by attempting to collect a debt through calls and text messages to the plaintiff’s cell phone after consent had been revoked and after the debt in question had been discharged during bankruptcy proceedings.

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Account Recovery

NOVEMBER 22, 2022

The post Judge Grants MTD in FDCPA Case Over Collection of BK Debt appeared first on AccountsRecovery.net.

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Fair Debt Collection Collections Bankruptcy 246

Credit Management Company

FEBRUARY 23, 2021

Now, there are additional steps you must add to your debt collection practices. Late last year, the Consumer Financial Protection Bureau (CFPB) announced the Final Rule that debt collectors must follow under the Fair Debt Collection Practices Act (FDCPA). Include the right to dispute the debt.

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Account Recovery

JUNE 7, 2022

A complaint has been filed accusing a collection agency of violating the Fair Debt Collection Practices Act and Regulation F because it apparently did not use a Model Validation Notice and allegedly did not provide the itemization information required when it sent its first written communication attempting to collect on a debt.

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Account Recovery

MAY 31, 2022

The briefs have been filed and the Attorney General of California has submitted an amicus brief to the Court of Appeals for the Ninth Circuit in a case in which four District Attorneys are attempting to sue a financial services company accused of violating the Rosenthal Fair Debt Collection Practices Act and the company is … The post Calif.

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Banks Fair Debt Collection Collections Financial services 246

Account Recovery

JULY 22, 2024

A District Court judge in Pennsylvania has “resoundingly” granted a defendant’s motion to dismiss a Fair Debt Collection Practices Act class action lawsuit, ruling that the “dubious and illogical legal” theories proposed by the plaintiff The Background: Back in 2023, the plaintiff was sued for an unpaid debt.

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Fair Debt Collection Collections 130

Account Recovery

SEPTEMBER 22, 2021

A District Court judge in Illinois has dismissed one of the two counts in a Fair Debt Collection Practices Act class action against a debt buyer and collection agency, ruling that the plaintiff did not have standing to sue by claiming that the addition a phrase to the outside of the envelope containing a collection … The post Judge Partially (..)

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Account Recovery

DECEMBER 15, 2022

The post Judge Denies MTD in FDCPA Case Over Attempt to Collect Unrelated Court Costs appeared first on AccountsRecovery.net.

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Fair Debt Collection Collections 246

Troutman Sanders

SEPTEMBER 18, 2023

Solar Service Experts, LLC highlights the potential pitfalls for solar energy providers and their collections agents. The class action complaint alleged that the defendant violated California’s Rosenthal Fair Debt Collection Practices Act (RFDCPA) and several other state consumer protection statutes.

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Account Recovery

FEBRUARY 22, 2022

A District Court judge in New Jersey has granted a defendant’s motion to dismiss a Fair Debt Collection Practices Act case, ruling that the plaintiff lacked standing to sue because even though she accused the defendant of sending her 85 collection letters, she never claimed to have opened any of them.

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Fair Debt Collection Collections 246