Daily Digest – July 19. Class Action Accuses Collector of Violating FDCPA; State Honors Tom Haag
Account Recovery
JULY 19, 2022
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Judge Denies MTD in FDCPA, TCPA Class Action Over Orally Made Cease Request
Account Recovery
DECEMBER 10, 2021
Preferred Collection & Management Services Revoked Consent
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Daily Digest – December 10. Judge Denies MTD in FDCPA, TCPA Class Action; Lawmakers Making Waves Over Student Loans
Account Recovery
DECEMBER 10, 2021
Judge Partially Grants MSJ For Defendant in FDCPA Case Over Alleged Threats, Use of Obscene Language
Account Recovery
JUNE 24, 2021
Appeals Court Upholds MSJ For Defendant in FDCPA Vicarious Liability Case
Account Recovery
JANUARY 28, 2021
The Eleventh Circuit Court of Appeals has upheld the summary judgment ruling in favor of a defendant that was sued for violating the Fair Debt Collection Practices Act and the Florida Consumer Collection Practices Act because of alleged misrepresentations made by another entity that was collecting on the defendant’s behalf.
What Does the CFPB Have to Do With My Debt Collection Claim?
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. Professionally, your business may deal with consumers directly or indirectly. What is the Consumer Financial Protection Bureau? Debt Collection Tip
What Are “Statutory Damages” Under the FCCPA and the FDCPA?
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. Florida’s Consumer Collection Practices Act (FCCPA) Part 1: Understanding the FCCPA (jimersonfirm.com) .
What Exposure Does a Business Have to Attorneys’ Fees Under the FCCPA and the FDCPA?
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. This is extremely pro-consumer and anti-business.
Who Should Use Commercial Debt (B2B) Collections?
Credit Management Company
JANUARY 25, 2022
Business to business debt collection can be hard to understand at first. Check out this guide on who should use commercial debt collections. Even when you try to send customer debt collection requests, they have fallen on black days. debt collection
The Importance of Collection Agencies for Small Businesses Affected by Default Accounts
Debt RR
SEPTEMBER 9, 2020
The settlement of debts acquired by either another company or an individual is one of the most common challenges that businesses experience. Collecting debts is time-consuming, especially if the debtor refuses to cooperate. Due to the frustration they encounter when collecting debts, they may resort to outsourcing the debt collection process to a collection agency for small businesses. How Small Businesses Proceed with Collections.
Are Proposals for Settlement Enforceable in FCCPA Cases?
Jimerson Firm
JANUARY 12, 2023
The Florida Consumer Collection Practices Act (FCCPA) is a pro-consumer statute. Given the pro-consumer nature of the statute, one big consideration for defending against FCCPA claims is how to shift risk to the plaintiff. .
How Long Does a Florida HOA or Condominium Association have to foreclose on a HOA/COA Lien?
Jimerson Firm
JANUARY 20, 2023
Florida law provides that community associations may collect assessments from unit owners to cover operating and maintenance costs. The Fifth District Court of Appeals affirmed the decision, holding that the “ongoing obligation to pay assessments is a ‘consumer debt’ under the FCCPA.”
What Debt Collectors Can and Can’t do on Social Media
The Kaplan Group
MARCH 24, 2022
Debt collectors can now contact consumers on social media. Here’s the background and all you need to know about what debt collectors can and can’t do on social media. In November 2021, The CFPB made some long-awaited updates to the Fair Debt Collection Practices Act.
Jacqueline Simms-Petredis Sworn in as President-Elect of the Hillsborough County Bar Association
Burr Forman
JUNE 7, 2021
She advises clients and in-house counsel in litigation arising under the Truth in Lending Act, Real Estate Settlement Procedures Act, Fair Credit Reporting Act, Florida Consumer Collections Practices Act, Fair Debt Collections Practices Act and the Telephone Consumer Protection Act, among others.
What Are “Actual Damages” Under the FCCPA and the FDCPA?
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.
Properly Evaluating and Defending Class Action Complaints
Jimerson Firm
JULY 21, 2021
While consumer protection lawsuits already pose a risk to many businesses due to the consumer’s ability to recover actual damages, statutory damages and attorneys’ fees, adding the potential expose to a class of consumers significantly increases the risk.
District Courts Split on Convenience Fees Under Debt Collection Laws
Collection Industry News
SEPTEMBER 23, 2020
A&B ABstract: In a number of recent decisions, district courts have split on the issue of whether a mortgage servicer violates the Fair Debt Collection Practices Act (“FDCPA”) and related state debt collection statutes by charging a borrower a convenience fee for making a mortgage payment over the phone, interactive voice recording system (“IVR”). 14, 2020) (refusing to dismiss plaintiffs’ claims under the Texas Debt Collection Act).
11th Cir. Reiterates That TILA Periodic Statements May Violate FDCPA
Collection Industry News
JULY 12, 2022
Court of Appeals for the Eleventh Circuit recently held that periodic statements required by the federal Truth in Lending Act may violate the federal Fair Debt Collection Practices Act if they are not truthful and fair. The appeal arose from a lawsuit brought by two Florida homeowners (“Debtors”) against their home loan servicer (“Servicer”) for alleged violations of the FDCPA and Florida’s Consumer Collection Practices Act. See Consumer Fin.
How To Remove BYL Collection Services From Your Credit Report
Better Credit Blog
FEBRUARY 18, 2021
When your debt goes into collections, it’s important to straighten things out quickly. If BYL Collections has been contacting you, the information below can help you move forward. How Does BYL Collection Services Work? How to Contact BYL Collections. Collections
The CFPB's Plans For The Collection Industry
FDCPA Defense
AUGUST 16, 2012
If you are a collection professional working for a creditor, debt buyer, collection agency or collection law firm, and you have not yet added the website for the Consumer Financial Protection Bureau (CFPB) to the favorites on your web browser, it is high time that you do so. The CFPB has been publishing lots of information this year, and has laid out some details of how it plans to directly or indirectly regulate virtually all aspects of the collection industry.
Emerging Trends In FDCPA Litigation Against Community Association Attorneys
FDCPA Defense
FEBRUARY 1, 2018
Attorneys and other entities that regularly engage in collection work for community associations may be subject to the requirements of the Fair Debt Collection Practices Act, 15 U.S.C. as well as analogous state laws governing the consumer collection process. One line of cases creates a duty to disclose to the debtor that the amount of the debt may be increasing due to accruing interest, fees or other charges.
Troutman Pepper Weekly Consumer Financial Services COVID-19 Newsletter
Troutman Sanders
AUGUST 2, 2021
Like most industries today, Consumer Finance Services businesses are being significantly impacted by the novel coronavirus (COVID-19). million, to people who lost money to credit card debt relief schemes. s debt collection legislation was transmitted to Mayor Bowser for her signature.
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