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The Fair Debt Collection Practices Act

Collection Industry News

THE Fair Debt Collection Practices Act (FDCPA) is a federal law that was enacted in 1978 by the United States Congress to protect consumers from abusive debt collectors. Note, however, that the FDCPA applies only to third party collectors who collect debt for original creditors. L) Using a false name.

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Can a Collection Agency Report to the Credit Bureau Without Notifying You?

Credit Corp

Debt collection agencies have a long history of harassment and illegal practices. Can a collection agency report to a credit bureau without notifying you? Knowing illegal debt collection practices can help identify when you’re being treated unfairly. Attempts to Collect a Debt Not Owed.

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Judge Grants MSJ For Defendant in FDCPA Case Over Credit Karma Report

Account Recovery

What Credit Karma says in its reports about a consumer’s credit history is not gospel, a District Court judge in Tennessee has ruled, granting a defendant’s motion for summary judgment after it was accused of violating the Fair Debt Collection Practices Act because it allegedly communicated information to a credit bureau after it was instructed (..)

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Judge Awards $265k to Plaintiffs’ Attorneys in FDCPA Case

Account Recovery

A District Court judge in Nebraska has rejected a defendant’s objection to the award of attorney’s fees in a Fair Debt Collection Practices Act case, and has agreed to the plaintiff’s request to award more than $265,000 while also denying a request from the defendant to stay the injunction while the ruling is being appealed … (..)

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Error Leads Judge to Overturn Verdict in Favor of Defendant in FDCPA Class Action

Account Recovery

A District Court judge in Nebraska has admitted he made a mistake and thrown out a jury verdict in favor of a defendant, determining that the plaintiffs in a Fair Debt Collection Practices Act class action should be the prevailing parties, and awarding $39,000 in damages and attorney fees.

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Appeals Court Vacates Judgment in Favor of Plaintiff in FDCPA Case Over Interest Disclosure in Letter

Account Recovery

The Court of Appeals for the Eighth Circuit has overturned a lower court’s ruling in favor of the plaintiffs in a Fair Debt Collection Practices Act class action, ruling they lacked standing to pursue their lawsuit after claiming a statement that “Interest and other charges may accrue daily” was deceptive and misleading.

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TransUnion, Equifax, or Experian Dispute: What Happens When It’s Denied?

Credit Corp

When you submit a dispute , the credit reporting agency must investigate the items in question–usually within 30 days of receiving your communication. Once the investigation is complete, the credit bureau has 5 days to make any appropriate changes to your file and notify you of those results.