Account Recovery

APRIL 23, 2024

Judge Esther Salas of the District Court for the District of New Jersey was on a roll last Thursday, denying class certification in two separate Fair Debt Collection Practices Act cases against the same defendant, largely for the same reasons.

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Fair Debt Collection Collections 147

Better Credit Blog

AUGUST 31, 2020

Having debt in collections can be downright overwhelming, especially when debt collectors bombard you with dozens of phone calls. Debt collectors are notorious for harassing consumers when they seek repayment, calling excessively and threatening to take actions that may not be legal. What does the FDCPA Apply To?

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Fair Debt Collection Third-party Debt Collectors Collections Debt collector 53

Account Recovery

MARCH 23, 2022

Judge Denies Competing Motions in FDCPA, TCPA Case; CRAs Start Releasing Details About Changes to Medical Debt Credit Reporting Process appeared first on AccountsRecovery.net.

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Fair Debt Collection Judgment Collections 243

Account Recovery

APRIL 27, 2023

The post CFPB Issues Guidance Warning Collectors About Foreclosing on Time-Barred Second Mortgages appeared first on AccountsRecovery.net.

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Fair Debt Collection Debt collector Collections 130

Account Recovery

MARCH 15, 2021

In a case that was defended by Rick Perr and the team at Kaufman Dolowich & Voluck, a District Court judge in New York has granted a defendant’s motion to dismiss after it was sued in a class action for violating the Fair Debt Collection Practices Act in a number of ways relative to collection … The post Judge Grants MTD in FDCPA Case (..)

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Fair Debt Collection Collections 208

American Profit Recovery

OCTOBER 20, 2023

While many organizations hesitate to implement collection activity, there are an equal amount that may jump into it before they have done their due diligence. Following solid and systematic accounts receivables processes can help lay the groundwork for successful debt collections when necessary.

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Collections Collection Agencies Collections Agency Fair Debt Collection 197

Credit Management Company

FEBRUARY 23, 2021

Even before the pandemic hit, healthcare providers have known the importance of being respectful when contacting patients about outstanding bills. Now, there are additional steps you must add to your debt collection practices. This information must: Include the consumer’s debt and rights in debt collection.

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Fair Debt Collection Debt collector Collections Healthcare 52

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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Fair Debt Collection Collections Consumer Credit Collection Agent 52

Account Recovery

DECEMBER 2, 2022

Collector Accused of Violating Reg F Over Debt Parking; Data Breach at Wash. Collection Agency Impacts 3M Consumers first appeared on AccountsRecovery.net. Collector Accused of Violating Reg F Over Debt Parking; Data Breach at Wash. Collection Agency Impacts 3M Consumers appeared first on AccountsRecovery.net.

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Collection Agencies Collections Agency Fair Debt Collection Collections 189

Account Recovery

DECEMBER 15, 2020

Debt collectors, for as long as the Fair Debt Collection Practices Act has been in effect, have had rules about when it is ok and when it is not ok to speak with consumers.

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Fair Debt Collection Collections Debt collector 246

Account Recovery

FEBRUARY 14, 2024

A District Court judge in New York has denied a plaintiff’s motion for summary judgment in a Fair Debt Collection Practices Act case, ruling there is no written requirement to communicating information about a debt with a third party.

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Fair Debt Collection Judgment Collections 130

Account Recovery

AUGUST 25, 2020

A District Court judge in New York has granted a defendant’s motion to dismiss after it was sued for violating the Fair Debt Collection Practices Act when it sent a collection letter to the plaintiff that allegedly included a number of misrepresentations, including multiple addresses that confused the plaintiff about how to dispute the debt, (..)

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Fair Debt Collection Collections 227

Account Recovery

OCTOBER 8, 2021

Judge Dismisses FDCPA Case for Lack of Standing; FTC Sends $800k to Victims of Collection Scam appeared first on AccountsRecovery.net.

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Fair Debt Collection Collections 242

American Profit Recovery

SEPTEMBER 6, 2023

Collecting debt is just something a business of any size will have to do. Not getting paid on time for many businesses can create an environment where that business makes mistakes in collecting that debt. At the very least, your business should understand the Fair Debt Collection Practices Act (FDCPA.)

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Collections Collection Agencies Collections Agency Fair Debt Collection 216

Account Recovery

NOVEMBER 12, 2020

” A copy … The post Judge Grants MTD in FDCPA Case, Puts Plaintiff’s Attorney “on Notice” About Filing Similar Cases in the Future appeared first on AccountsRecovery.net.

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Fair Debt Collection Collections 200

Account Recovery

NOVEMBER 16, 2020

Collector Files Motion to Have Plaintiff’s Attorney Disqualified; How Healthcare Providers are Overhauling Collections appeared first on AccountsRecovery.net.

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Healthcare Fair Debt Collection Collections 246

Account Recovery

NOVEMBER 17, 2023

A plaintiff has learned that more is not always better when it comes to making accusations against a debt collector for violating the Fair Debt Collection Practices Act.

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Fair Debt Collection Debt collector Collections 147

Account Recovery

FEBRUARY 12, 2024

In what appears to be yet another in the line of cautionary tales about plaintiffs representing themselves, a District Court judge in New Jersey has granted a defendant’s motion to dismiss after it was sued for violating the Fair Debt Collection Practices Act because it served a writ of execution to the plaintiff’s mother and […] (..)

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Fair Debt Collection Collections 130

Account Recovery

DECEMBER 19, 2023

We don’t normally write about automotive repossessions here, but it is a Fair Debt Collection Practices Act case and it is the Court of Appeals for the Second Circuit, so it’s probably got something worthwhile for companies in the accounts receivable management industry to know, right?

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Repossession Accounts Receivables Management Fair Debt Collection Collections 147

Account Recovery

MAY 24, 2022

A District Court judge in New Jersey has granted a defendant’s motion to dismiss a class-action Fair Debt Collection Practices Act lawsuit over a letter that was sent to the plaintiff providing information about how to file an identity theft claim. A copy of the ruling in the case of Ozturk v.

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Fair Debt Collection Collections 246

Nexa Collect

JUNE 21, 2023

Debt collection agencies are subject to various data security rules and regulations to protect consumer information. Fair Debt Collection Practices Act (FDCPA) : While primarily focused on the practices and behaviors of debt collectors, the FDCPA also contains provisions that protect consumers’ personal information.

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Collection Agencies Collections Agency Collections Financial Institution 130

Account Recovery

FEBRUARY 22, 2023

Supreme Court Denies Petition in FDCPA Standing Case; Idaho AG to Intervene in Case Challenging State Collection Law first appeared on AccountsRecovery.net. Supreme Court Denies Petition in FDCPA Standing Case; Idaho AG to Intervene in Case Challenging State Collection Law first appeared on AccountsRecovery.net.

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Fair Debt Collection Collections 130

Account Recovery

NOVEMBER 1, 2023

Being denied credit because of a negative item on a credit report is sufficient grounds for a plaintiff to have standing to sue, ruled a District Court judge in New York, but communicating information about an unpaid debt with the credit reporting agencies is not a violation of the Fair Debt Collection Practices Act, so […]

Fair Debt Collection 147

Fair Debt Collection Collections 147

Account Recovery

NOVEMBER 7, 2022

Any case where a motion to remand back to state court is denied seems like it’s worth writing about these days … A District Court judge in New York has denied a plaintiff’s motion to remand a Fair Debt Collection Practices Act case back to state court, rebuffing the plaintiff’s argument that remand was required … The post (..)

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Fair Debt Collection Collections 245

Account Recovery

JULY 21, 2022

A District Court judge in New York has granted a defendant’s motion to dismiss, ruling that it did not violate the Fair Debt Collection Practices Act by including additional information in a collection letter that the plaintiff said made him confused about to whom to pay and because the letter accidentally omitted one character from … The (..)

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Fair Debt Collection Collections 243

Account Recovery

JUNE 14, 2022

A District Court judge in Washington has denied a defendant’s motion to dismiss after it was sued for allegedly communicating information about a debt with an unauthorized third party that printed and mailed a collection letter to the plaintiff, ruling that the language of the Fair Debt Collection Practices Act “bars debt collectors from (..)

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Fair Debt Collection Debt collector Collections 245

Account Recovery

OCTOBER 19, 2021

A District Court judge in Kansas has granted a defendant’s motion to dismiss a Fair Debt Collection Practices Act case, ruling that the plaintiff lacked standing to sue because she was confused about an alleged discrepancy in the balance of her debt after receiving several collection letters, but, perhaps more importantly, that the use of … (..)

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Fair Debt Collection Collections 246

Account Recovery

AUGUST 31, 2022

Consumers appear to have a lot less to be upset about these days, at least as it relates to companies in the accounts receivable management industry.

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Accounts Receivables Management Fair Debt Collection Collections 243

Account Recovery

MARCH 23, 2022

A District Court Judge in Nevada has denied competing motions for judgment on the pleadings filed by both the plaintiff and defendant in a Fair Debt Collection Practices Act and Telephone Consumer Protection Act case about calls that were made to the plaintiff by the defendant after the debt had been settled.

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Fair Debt Collection Judgment Collections 246

Account Recovery

MARCH 30, 2022

A District Court judge in New Jersey has granted a defendant’s motion to dismiss four of the five counts it is facing in a Fair Debt Collection Practices Act suit after it was accused of disclosing information about the existence of the debt in question to a third party, namely a vendor that was used … The post Judge Grants MTD on Hunstein (..)

Fair Debt Collection 246

Fair Debt Collection Collections 246

Account Recovery

JUNE 14, 2022

Judge Denies MTD in Hunstein Copycat Case; Class-Action Accuses Collector of Ignoring Validation Request appeared first on AccountsRecovery.net.

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Fair Debt Collection Collections 246

Account Recovery

AUGUST 19, 2022

COLLECTOR FACING CLASS ACTION OVER MVN’S USE OF ‘NOW’ Yesterday, we wrote about the word “obligation” being the source of issue in a Fair Debt Collection Practices Act and lamented that one word could be the difference between a lawsuit being filed and not, and today is yet another example of that.

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Fair Debt Collection Collections 245

Account Recovery

OCTOBER 8, 2021

Courts within the Seventh Circuit continue to attack the issue of standing in Fair Debt Collection Practices Act cases, this time dismissing a case because a plaintiff was confused about the amount that was owed after receiving a collection letter, because the plaintiff never made any attempt to pay the debt, and that decision to … The post Judge (..)

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Fair Debt Collection Collections 246

Account Recovery

NOVEMBER 2, 2021

A District Court judge in New Jersey has granted a defendant’s motion to dismiss a class action Fair Debt Collection Practices Act case over language related to furnishing information about an unpaid debt to a credit reporting agency in a collection letter. A copy of the ruling in the case of Knight v.

Fair Debt Collection 246

Fair Debt Collection Collections 246

Account Recovery

JUNE 1, 2023

A District Court judge in California has denied a motion to dismiss filed by a collection operation in a Fair Debt Collection Practices Act case on the grounds that furnishing information about a debt to a credit reporting agency constitutes debt collection activity, but did grant motions to dismiss for two officers of the operation …

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Fair Debt Collection Collections 130

Account Recovery

APRIL 29, 2021

The number of class-action lawsuits accusing debt collectors of violating the Fair Debt Collection Practices Act by communicating with a third party — a letter vendor — about the existence of a debt when it sent the plaintiff’s personal information to the vendor to be included in and mailed out as a collection letter continues … The post Webinar (..)

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Fair Debt Collection Debt collector Collections 240

Account Recovery

SEPTEMBER 13, 2021

Sometimes, collectors will use a broad brush and expansive statements to try and cover as much ground as possible when letting consumers know about the rules and regulations related to collecting on unpaid debts.

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Fair Debt Collection Collections 240