Troutman Sanders

NOVEMBER 8, 2023

The plaintiff’s lawyer sent two faxes to the defendant providing notice that the plaintiff was represented by counsel. After receiving notice of representation, the defendant sent five billing notifications to the plaintiff and made six telephone calls attempting to collect on the $5 monthly payment.

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Taurus Collect

NOVEMBER 15, 2023

Unfortunately, many UK consumers are unaware of their legal protections and end up feeling intimidated or helpless when faced with aggressive debt collection tactics. In the following sections, we will unravel the complex world of consumer rights relating to debt collection in the UK. About Us Taurus Collections (UK) Ltd.

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Jimerson Firm

JANUARY 16, 2023

The Florida Consumer Collection Practices Act (FCCPA) and the Fair Debt Collection Practices Act (FDCPA) are two pro-consumer statutes. Accredited Collection Agency Inc. , No. Collection Services, Inc. Businesses should be aware of each statute and how to defend against such claims. See, e.g., Lane v.

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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. Whether easy or difficult, the Act mandates that the debt collector cease its collection efforts until the required information has been mailed to the consumer.

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True Accord

APRIL 4, 2023

With the rapid increase of state privacy laws across the United States, any company that collects, uses, transmits, or receives consumer data has to stay up-to-date on all related compliance issues. You should consult a lawyer if you have questions about federal and state data security, privacy or breach laws.

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Collection Industry News

MARCH 28, 2022

The DFPI investigations resulted in 49 public enforcement actions, $975,000 in restitution to consumers, $547,500 in penalties, and included several “first of its kind” actions for the DFPI in debt collection, student debt relief, earned wage access, and private post-secondary education financing. Regulatory Activities.

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Consumer Financial Services Law

MARCH 23, 2021

1993) (affirming district court’s grant of summary judgment to plaintiff who claimed form collection letters sent by attorney who “never considered the particular circumstances of [plaintiff’s] case prior to the mailing of the letters and. Trauner, Cohen & Thomas, L.L.P. , 3d 360, 364–65 (2d Cir. Jackson , 988 F.2d 2d 1314 (2d Cir.

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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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BN Lawyers

MARCH 25, 2019

Galaxy Int;l Purchasing , Mines filed a putative class action contending that Galaxy violated Section 1692g(a)(2) of the FDCPA by failing to identify the current owner of his debt in its collection letter. Galaxy argued that Mines was subject to an arbitration agreement, and it moved to compel arbitration.

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Jimerson Firm

SEPTEMBER 28, 2020

The defendant is required to file written defenses with the clerk of the court and serve a copy on the plaintiff or plaintiff’s lawyer within thirty (30) days after the first publication of the Notice of Action. Step 6: Defendant has 30 Days to File Defenses. 49.09, Fla.

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BN Lawyers

MARCH 21, 2019

McCarthy & Holthus, LLP, holding that that business engaged solely in non-judicial foreclosure activities are generally exempt from the Fair Debt Collection Practices Act, 15 U.S.C. It is unclear what impact the decision on the debt collection and foreclosure industry beyond the limited facts of the case, but as in Henson v.

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Consumer Financial Services Law

OCTOBER 17, 2016

Instead, “[t]he FDCPA easily lies over the top of the Code’s regime, so as to provide an additional lawyer of protection against a particular kind of creditor.” Recap of Johnson In Johnson , the Court answered that question in the negative, finding that the Bankruptcy Code does not preempt the FDCPA. Johnson at *15. LEXIS 14706 (7th Cir.

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Jimerson Firm

JANUARY 12, 2023

The Florida Consumer Collection Practices Act (FCCPA) is a pro-consumer statute. In my experience, when plaintiffs’ lawyers challenge Proposal for Settlement, they principally rely upon Clayton v. is board certified in business litigation by the Florida Bar and practices in the firm’s banking and financial services industry team.

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Collection Industry News

JANUARY 19, 2021

I am reporting a potentially fraudulent credit collection and reporting issue,” said a third. The firm, Capio Asset Servicing, came under investigation last year as part of Operation Corrupt Collector, an enforcement sweep of the debt-collection industry by federal and state officials. who represents debtors in collection cases.

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Consumer Financial Services Law

JANUARY 2, 2017

With 2016 came proposed rules on arbitration and payday lending , adjustments and clarification to the mortgage servicing rules and TRID, as well as an unwieldy and incomplete proposal on debt collection. Looking further forward, we are likely to see a proposed rule on debt collection by the end of 2017. Marketing and Sales.

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Collection Industry News

MAY 23, 2022

Compared with past legal challenges to the CFPB, the cases winding their way through appeals courts stand a better chance of disbanding the agency entirely and invalidating every action the bureau has taken since it was created in the Dodd-Frank Act of 2010, lawyers say. But there is no severability clause for the CFPB’s funding mechanism.

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