Account Recovery

JANUARY 5, 2023

If I am reading this case right — and I will remind you that I am not a lawyer, I just play one on webinars — a District Court judge in Illinois — the home of no standing rulings — has determined a plaintiff has standing in a Fair Debt Collection Practices Act lawsuit against … The post Judge Partially Denies MTD, Rules (..)

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Account Recovery

MAY 19, 2023

A District Court judge in Minnesota has denied a defendant’s motion to dismiss a Fair Debt Collection Practices Act class-action, ruling that eviction proceedings are subject to the FDCPA and that the “competent attorney” standard does not apply to communications received before the plaintiff retained a lawyer.

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Account Recovery

JUNE 15, 2021

Being confused about whether he owed attorney’s fees and hiring his own lawyer is not enough for a plaintiff to have standing to pursue a Fair Debt Collection Practices Act case, a District Court judge in Illinois has ruled, granting the defendant’s motion to dismiss on the grounds that the Court lacked subject matter jurisdiction … (..)

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Account Recovery

JUNE 15, 2021

JUDGE GRANTS MTD IN FDCPA CASE OVER ATTORNEY’S FEES Being confused about whether he owed attorney’s fees and hiring his own lawyer is not enough for a plaintiff to have standing to pursue a Fair Debt Collection Practices Act case, a District Court judge in Illinois has ruled, granting the defendant’s motion to dismiss on … The post Daily (..)

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Account Recovery

MARCH 12, 2021

When it comes to Fair Debt Collection Practices Act lawsuits, there are not many claims that haven’t already been made. Plaintiffs and their lawyers have been attacking the FDCPA for years and had pretty much identified all the different reasons why a debt collector could be sued.

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Account Recovery

MAY 8, 2023

If you are going to convince a federal judge that he or should should believe you over a lawyer, you better have some solid proof, a panel of judges from the Court of Appeals for the Third Circuit has ruled, affirming a lower court’s ruling that a defendant in a Fair Debt Collection Practices Act … The post Appeals Court Affirms Ruling, (..)

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Account Recovery

APRIL 6, 2023

A Magistrate judge in New York has denied a defendant’s motion for sanctions in a Fair Debt Collection Practices Act case after the plaintiff and her attorneys — from Credit Repair Lawyers of America — were accused of engaging in a frivolous action after filing a lawsuit alleging the defendant failed to remove a dispute … The (..)

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Account Recovery

FEBRUARY 28, 2023

A Magistrate judge in Florida has recommended that an attorney with Credit Repair Lawyers of America be sanctioned and pay the defendant’s attorney’s fees in a Fair Debt Collection Practices Act case, after the attorney sent a letter indicating the plaintiff was no longer disputing the debt, when in fact the plaintiff was still disputing (..)

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Account Recovery

MARCH 14, 2023

The California Court of Appeals has upheld a lower court’s ruling awarding $30,450 in attorney’s fees to the lawyers representing a plaintiff in a Rosenthal Fair Debt Collection Practices Act case — which was about $68,000 less than the plaintiff was seeking.

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Nexa Collect

JUNE 23, 2023

Collection agency letters can impact debtors, depending on factors such as the debtor’s financial situation, emotional state, and knowledge of their rights and responsibilities. Here are some potential impacts: Stress and Anxiety : Receiving a letter from a collection agency can cause significant stress and anxiety for debtors.

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Troutman Sanders

SEPTEMBER 7, 2023

The Seventh Circuit Court of Appeals recently affirmed a district court’s dismissal of a suit holding that the plaintiff had not suffered a concrete injury, and therefore, lacked standing to assert a claim under the Fair Debt Collections Practices Act (FDCPA). The bank sold the debt to the defendant creditor. In Choice v.

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Account Recovery

MARCH 30, 2021

The Court of Appeals for the Ninth Circuit has vacated an award of more than $105,000 in attorney’s fees to the lawyers representing the plaintiffs in a Fair Debt Collection Practices Act case, ruling that the District Court did not “adequately” account for the degree of success obtained when determining the award.

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FFGN COLLECT NY

DECEMBER 11, 2023

An experienced legal professional knows that any misstep during debt collection can lead to serious legal repercussions. To collect debt for a client, New York attorneys must understand and implement ethical practices during debt collection. Be clear and respectful.

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Account Recovery

NOVEMBER 19, 2020

A District Court judge in Florida has chopped the amount of attorney’s fees to be awarded to the plaintiff’s counsel in a Fair Debt Collection Practices Act case by 75%, and called out the counsel for having a “vastly excessive” number of lawyers and paralegals work the case, which showed “a lack of judgment, poor … (..)

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FFGN COLLECT NY

DECEMBER 15, 2021

The Consumer Financial Protection Bureau (CFPB) has more to do with your debt collection claim than you might think. Personally, CFPB has a lot to do with how companies approach you to collect debt and other financial products. The bureau also specifies the behavior debt collectors can engage in.

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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)?

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The Kaplan Group

AUGUST 29, 2021

After all, being reminded that you still have outstanding debts can be overwhelming in itself. Fair Debt Collection Practices Act (FDCPA) When debt collectors violate the rules under the Fair Debt Collection Practices Act (FDCPA), they can be found guilty of harassment, abuse, or oppression.

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Credit Corp

JANUARY 21, 2021

A collections notice shows up, a debt collector starts calling or you find a negative report on your credit history, but you know you paid the account in question. Can you sue a company for sending you to collections for money you didn’t owe? How Does the Law Protect Your Rights Regarding Credit Collections and Reporting?

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Collection Industry News

APRIL 25, 2023

A debt doesn’t generally expire or disappear until its paid, but in many states, there may be a time limit on how long creditors or debt collectors can use legal action to collect a debt. Some debts, though, such as federal student loans don’t have a statute of limitations.

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Sawin & Shea

FEBRUARY 16, 2021

Are you receiving collection letters while working with a bankruptcy attorney ? Let’s take a look at why you should save collection letters and share them with your attorney. Some Collection Notices are Unlawful. Creditors are governed by the Fair Debt Collection Practices Act.

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Indiana Consumer Law Group

JULY 31, 2018

We defend consumers sued in Indiana state courts and alleged to owe a debt. We will review your case at no cost to you for potential violations of the Fair Debt Collections Practices Act (“FDCPA”). The post Snow & Sauerteig Debt Collection Lawsuit appeared first on Indiana Consumer Lawyer Blog.

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Better Credit Blog

APRIL 5, 2022

A collection account will lower your credit score and can generally stay on your credit report for up to seven years. Often, a collection entry will even keep you from getting a mortgage or securing an auto loan, which is why it’s important to do all you can to remove collections from your credit report quickly.

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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.

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Sawin & Shea

JULY 20, 2022

Have you ever been incessantly contacted by a debt collection agency trying to get money from you? Many individuals experience unwanted contact from debt collectors and are unsure how to approach the situation. Businesses or individuals who collect debts on behalf of others are known as debt collectors.

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FDCPA Defense

APRIL 17, 2019

Few things are more fundamental in the law than the principle that a lawyer owes a duty of loyalty to the client, a duty to be vigorous advocate within the bounds of the law, and a duty to maintain the client’s confidences and preserve the attorney-client privilege. Clients expect this of their attorneys, as they should. It makes no sense.

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The Kaplan Group

FEBRUARY 19, 2020

You’ve probably heard that there’s a statute of limitations on debt. Whether you owe money or are owed money, you’re probably eager to know if your debt can still be collected on. A similar idea is in play when it comes to debt collection. It does not mean that you can no longer attempt to collect on the debt.

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Sawin & Shea

MARCH 16, 2021

A new rule will soon allow debt collection messages through social media. It’s expected to impact 1 in 4 adult Americans, or 70 million people , who have at least one bill in collections. Why Did They Change the Rules for Debt Collection Messages? Stop Debt Collection Efforts with Bankruptcy.

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FDCPA Defense

AUGUST 19, 2013

291 (1995), lawyers have known that if they seek to collect consumer debts for clients – even when doing so through litigation – they might qualify as a "debt collector" under the Fair Debt Collection Practices Act, 15 U.S.C. Jenkins , 514 U.S. Wadas , _ F.3d 3d _, 2013 WL 3928631 (10th Cir.

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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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Troutman Sanders

JUNE 7, 2021

a New York district court granted a defendant’s motion to dismiss in a Fair Debt Collection Practices Act (FDCPA) case. ” In that case, the plaintiff incurred a debt to New York State Electric & Gas Corporation (NYSEG) for electric and gas services, and the defendant was contracted to collect on the debt. .'”

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BN Lawyers

FEBRUARY 20, 2024

On February 7, 2024, the Third Circuit Court of Appeals affirmed a district court holding that the Pennsylvania Consumer Discount Company Act (“CDCA”) did not apply to a charged-off debt that was later sold and could not form the basis for a lawsuit brought under the federal Fair Debt Collection Practices Act.

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Jimerson Firm

JANUARY 17, 2023

The Florida Consumer Collection Practices Act (FCCPA) and the Fair Debt Collection Practices Act (FDCPA) are two pro-consumer statutes. Oftentimes, consumer lawyers bring claims for technical violations of the statutes, even when there are not any real damages suffered by a consumer.

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Sawin & Shea

FEBRUARY 9, 2021

This is called zombie debt. It comes from debt collectors and purchasers who try to twist the rules in their favor convince you to pay. The FDCPA Doesn’t Always Stop Zombie Debt. It is a way of “resetting the clock” on the deadline they have to recover money from old debts.

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Sawin & Shea

JUNE 25, 2020

Bankruptcy Code, Telephone Consumer Protection Act (TCPA), The Fair Credit Reporting Act (FCRA), and the Fair Debt Collection Practices Act (FDCPA) all prohibit certain types of creditor behavior and are tools for consumers to use to fight back against unscrupulous debt collectors. Finally, you can have some peace!

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Indiana Consumer Law Group

MARCH 11, 2017

Are you being harassed by debt collection calls? I speak with a lot of Indiana consumers, and harassing debt collection calls are one of the things I hear about over and over again. The debt collector’s only two options at that point are to sue you or leave you alone. You just have to know what to do.

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Troutman Sanders

JANUARY 31, 2023

Federal courts across the country continue to divest themselves of Fair Debt Collection Practices Act (FDCPA) cases following the Supreme Court’s salient Article III standing decision in TransUnion LLC v. Litigation, and consulting a lawyer,” the court found, “is a cost in any litigation and. Revco Solutions, Inc.,

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Collection Industry News

AUGUST 4, 2020

ACA International submitted comments on the Consumer Financial Protection Bureau’s debt validation notice qualitative testing to assess the effectiveness and performance of its model debt validation notices. The post ACA Calls for Greater Transparency in Debt Collection Notice Testing appeared first on Collection Industry News.

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