Account Recovery

DECEMBER 11, 2023

A District Court judge in New York has ruled that a plaintiff’s strategy of basing her Fair Debt Collection Practices Act case on a strategy of “nuh-uh” is not enough to defeat a defendant’s motion to dismiss.

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Account Recovery

OCTOBER 10, 2022

A California Appeals Court has overturned a ruling in favor of a debt collector that was sued for violating the Rosenthal Fair Debt Collection Practices Act by not properly serving the plaintiff with a summons and complaint in an underlying collection lawsuit, with the panel ruling that the plaintiff is not obligated to pay the … The post California (..)

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Account Recovery

AUGUST 2, 2022

Despite making many arguments to the contrary, a District Court judge in New Jersey has granted summary judgment to the defendant in a Fair Debt Collection Practices Act case, ruling the plaintiffs now lack standing to sue in federal court, even though a class had previously been certified in the case.

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Account Recovery

JUNE 14, 2022

A class-action complaint has been filed in federal court in Massachusetts, accusing a company of violating the Fair Debt Collection Practices Act by not responding to a dispute request that was submitted by an individual after receiving a collection letter from the defendant.

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Account Recovery

APRIL 29, 2022

A District Court judge in Pennsylvania has certified a class action in a Fair Debt Collection Practices Act lawsuit that accused a defendant of violating the statute by mentioning in a letter that a judgment may be awarded before the expiration of a settlement offer that was being made, even though a collection lawsuit had … The post Judge Certifies (..)

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Account Recovery

JUNE 9, 2022

The Court of Appeals for the Seventh Circuit has denied an en banc hearing request from a plaintiff after a panel of judges overturned a $350,000 award against a collector in a Fair Debt Collection Practices Act case, but a quartet of judges wrote a dissenting opinion arguing how the Court has “strayed far” from … The post Appeals (..)

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Account Recovery

FEBRUARY 25, 2022

A class-action complaint has been filed in federal court in Florida accusing a collector of violating the Fair Debt Collection Practices Act by requiring that the plaintiff include a reason why a debt was being disputed when disputing a debt during a phone call with a representative of the defendant.

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Account Recovery

SEPTEMBER 1, 2023

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.

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Account Recovery

SEPTEMBER 10, 2021

A motion has been filed in a West Virginia federal court to approve a settlement in a class action Fair Debt Collection Practices Act and West Virginia Consumer Credit Protection Act case that will see the defendant pay $995,000 after it was accused of sending letters that did not include updated language required under state … The post Collector (..)

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Account Recovery

AUGUST 10, 2021

In a case that was defended by Ethan Ostroff and the team at Troutman Pepper and Smith Debnam, a District Court judge in North Carolina has granted a defendant’s motion to compel arbitration and dismiss a class-action after it was accused of violating the Fair Debt Collection Practices Act and the North Carolina Collection Agency … The (..)

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Account Recovery

MAY 31, 2023

A District Court judge in Ohio has approved a settlement in a Fair Debt Collection Practices Act class-action lawsuit that will see the defendant pay $500,000 in fees and costs after it was accused of pursuing collection activity against individuals who had participated in a separate settlement of an FDCPA case in which the defendant …

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Account Recovery

SEPTEMBER 20, 2021

The Court of Appeals for the Eleventh Circuit has vacated an order imposing sanctions on a pair of plaintiff’s attorneys because the individual they were representing failed to show for a scheduled mediation session in a Fair Debt Collection Practices Act case and because a District Court judge did not provide the attorneys with enough … (..)

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Account Recovery

AUGUST 4, 2021

A District Court judge in New York has granted a defendant’s motion to dismiss, ruling that the language that was used in a series of letters that raised the possibility that the plaintiff would be sued if she did not make arrangements to repay her debt did not violate the Fair Debt Collection Practices Act, … The post Judge Grants MTD (..)

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Account Recovery

JULY 14, 2021

Companies in the accounts receivable management industry can add “irritation,” “concern,” “feeling targeted,” and “hustled,” to the list of harms that do not create standing to sue in federal court when accusing a debt collector of violating the Fair Debt Collection Practices Act after a District Court (..)

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Account Recovery

APRIL 18, 2023

A District Court judge in Florida has granted a plaintiff’s motion to remand a Fair Debt Collection Practices Act case back to state court where it was originally filed and denied a defendant’s motion to dismiss as moot, ruling the claims made by the plaintiff were not sufficient for the case to have standing in … The post Judge Remands (..)

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Account Recovery

APRIL 15, 2021

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 (..)

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Account Recovery

APRIL 5, 2022

The Court of Appeals for the Third Circuit has affirmed the dismissal of a Fair Debt Collection Practices Act case against a student loan servicer for continuing to attempt to collect a student loan debt after it had been discharged in bankruptcy because the plaintiff failed to follow the proper procedure.

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Account Recovery

AUGUST 30, 2021

Synonyms and semantics can be deadly when in the hands of a federal judge.

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Account Recovery

FEBRUARY 22, 2023

The post Supreme Court Denies Petition in FDCPA Standing Case appeared first on AccountsRecovery.net.

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Credit Management Company

MARCH 23, 2021

Anyone working in revenue cycle management knows the importance of complying with the Fair Debt Collection Practices Act (FDPA) and the Telephone Consumer Protection Act (TCPA). Choose the Right Partner: Contact Credit Management Company. Ask yourself these questions to determine which vendor to select.

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Credit Management Company

JULY 14, 2021

Everyone in the debt collection industry is familiar with the Fair Debt Collections Practices Act (FDCPA). Reputable collections agencies willingly follow these rules and treat patients with compassion and respect. Contact Us For Your Debt Collection Needs. Now the FDCPA is in the news again.

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Troutman Sanders

SEPTEMBER 19, 2022

The standard courts should use to determine whether an alleged Fair Debt Collection Practices Act (FDCPA) violation is material remains unsettled. Pioneer Credit Recovery, Inc. , Pioneer) to help collect the debt. In Tavernaro v.

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Payment Savvy

OCTOBER 20, 2021

The process is beneficial for companies under financial pressure due to debts not being paid on time. B2B debt collection services are offered through companies specializing in credit management. What Information is Shared with B2B Collection Agencies?

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Credit Management Company

FEBRUARY 22, 2022

As mentioned above, many debt collection agencies offer payment plans and avenues through which to pay. If you explain your circumstances, they’ll likely find ways to work with you to resolve your debt. Myth: The FDCPA Will Protect Any Debt Collector.

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Credit Management Company

FEBRUARY 8, 2022

Menacing threats and middle-of-the-night phone calls are not the methods top debt collection agencies use. In fact, these tactics go against the Fair Debt Collection Practices Act. That is why it is important to know how to hire a collection agency. Evaluate Their Customer Service.

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Credit Management Company

JUNE 14, 2022

To ensure you understand how important consumer rights are, we’ve put together an overview of consumer rights in debt collection. Debt Protection Laws. While this act does not excuse consumers from paying their debt, it does protect them from unfair or abusive debt collection tactics.

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Collection Industry News

JANUARY 29, 2021

Court of Appeals for the Seventh Circuit recently vacated judgment in favor of a debt collector against putative class action claims raised by a consumer that its collection letter violated the federal Fair Debt Collection Practices Act (FDCPA) by threatening action that could not legally be taken and amounting to a false representation.

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Credit Management Company

MARCH 8, 2022

Because collections laws vary in different fields, you need to find a company that knows your industry. They’ll be more familiar with the rules and how to adhere to the Fair Debt Collection Practices Act (FDCPA). Credit Management Company has the ability to resolve payment challenges quickly with superior communications.

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Credit Management Company

AUGUST 9, 2022

While many consumers are able to manage their debt load and stay current on their accounts, many businesses are finding themselves with uncollected debt and no proven collection strategy. Before you can collect on any debt, you need to validate the debt in accordance with the Fair Debt Collection Practices Act.

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Credit Management Company

SEPTEMBER 30, 2022

Building positive relationships, or at least productive ones, goes beyond the baseline step of following the Fair Debt Collection Practices Act (FDCPA). At CMC, our decades of experience have led us to develop a proven process of building professional relationships with debtors on behalf of our clients.

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Credit Management Company

JANUARY 25, 2022

B2B Collection FDCPA and Regulations. You might be wondering which restrictions apply to commercial collection firms and agents. Well, consumer collection strategies are closely regulated under the Fair Debt Collection Practices Act, which serves as a standard for removing abuse and shady practices in the collector’s world.

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Credit Management Company

MAY 3, 2022

A recent update to the Fair Debt Collection Practices Act has cleared up some confusion with a few simple changes. Once debt collectors speak to a person, they cannot call again for another seven days. Because their use was unclear, many consumers complained about harassment through these communication channels.

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Credit Management Company

OCTOBER 24, 2018

The Fair Debt Collection Practices Act (FDCPA) is designed to protect consumers from predatory behavior, and many of the law's provisions apply to text messaging. Collectors can accomplish this by having the right terms and conditions. FDCPA Requirements.

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Credit Management Company

DECEMBER 20, 2018

The keys to successful collections during this time of year call for increased flexibility, diplomacy and a few of the following tips. Collection agencies are well aware of the limitations governing their businesses via the Fair Debt Collection Practices Act. Timing is Everything.

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Better Credit Blog

APRIL 5, 2022

Ask the Collection Agency to Validate the Debt. If you can’t find inaccuracies on your credit reports, write to the collection agency and ask it to validate your debt. The main issue here is that you have only 30 days to make the request after the collection agency first contacts you. LCA Collections.

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