article thumbnail

Appeals Court Remands Case Over Issue of Arbitration

Account Recovery

A change in precedent has led the Court of Appeals for the Third Circuit to remand a case back to the District Court to determine whether the owners of a debt that was purchased from the original creditor can compel arbitration after being sued for allegedly violating the Fair Debt Collection Practices Act. A copy […]

article thumbnail

Appeals Court Affirms Ruling for Defendant in FDCPA Case Over Healthcare Debt

Account Recovery

In a case that was defended by the team at Malone Frost Martin, the Court of Appeals for the Eighth Circuit has affirmed a lower court’s ruling in favor of a defendant that was sued for violating the Fair Debt Collection Practices Act because it did not include a copy of the original creditor’s financial … The post Appeals Court Affirms (..)

Insiders

Sign Up for our Newsletter

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

article thumbnail

Common Myths About Using a Collection Agency

Credit Management Company

Myths About Using a Collection Agency: Paying the Original Creditor to Bypass Agencies. Many people believe they can get around dealing with debt collection agencies by paying their original creditors directly. Read on to discover all you need to know about debt collection agencies.

article thumbnail

4 Ways To Remove Collections From Your Credit Report

Better Credit Blog

If they are unable to validate the debt, you can ask them to remove it from your credit report. When your original creditor can’t collect your past-due balance, it’ll sell your debt to a debt collection agency which means you now owe the money to the agency. Original Creditor Vs. Collection Agency.

article thumbnail

How Does Validation of Debts Work?

Credit Management Company

The full name of the creditor. A statement that the debt collector will provide to the consumer, within 30 days, the name of the original creditor if different than the debt collector. If a company manages a large volume of consumer debt, it takes considerable resources to follow up with each debtor in writing.

article thumbnail

A Review of Supreme Court Justice Amy Coney Barrett’s Prior FDCPA Court Decisions

Collection Industry News

Midland Credit Management, Inc. Creditor ID Claims—A Mixed Bag. Justice Barrett sat on two different panels that reviewed the issue of whether the debt collector sufficiently identified the creditor to whom the debt is owed. Niagra Credit Sols. Strict Adherence to the Letter of the Law. In one case— Steffek v.

article thumbnail

Avoiding Overshadowing Claims

FDCPA Defense

Section 1692g of the FDCPA says collectors must provide notice to consumers within five days of the initial communication regarding the debt, stating the amount of the debt, the name of the current creditor, and explaining the consumer’s right to dispute the debt and to obtain verification. Southern Oregon Credit Servs, Inc. ,