Account Recovery

NOVEMBER 12, 2021

Is it possible for an individual to sue a debt collector for violating the Fair Credit Reporting Act and Fair Debt Collection Practices Act for allegedly attempting to collect a debt that the individual believes he did not owe, when the individual took no action against the original creditor for placing the allegedly illegitimate debt … The post (..)

Judgment 243

Judgment Fair Debt Collection Debt collector Original Creditor 243

Credit Corp

NOVEMBER 15, 2020

When you’re in debt, getting calls from debt collectors is common. But can debt collectors call on holidays? Although there are no regulations that specifically make calling on holidays illegal, there are regulations that prohibit debt collectors from contacting consumers at unusual or known inconvenient times. .

Debt collector 119

Debt collector Creditors Fair Debt Collection Garnishment 119

Better Credit Blog

AUGUST 31, 2020

Having debt in collections can be downright overwhelming, especially when debt collectors bombard you with dozens of phone calls. Debt collectors are notorious for harassing consumers when they seek repayment, calling excessively and threatening to take actions that may not be legal. Table of Contents.

Fair Debt Collection 53

Fair Debt Collection Third-party Debt Collectors Collections Debt collector 53

Better Credit Blog

APRIL 4, 2022

If you are like most people, you have dealt with or are currently dealing with debt collectors. I’ve been preaching about the dangers of debt collectors for years and get countless emails from readers who end up in trouble by answering the phone when a debt collector calls. Talk to Credit Saint.

Debt collector 116

Debt collector Fair Debt Collection Collection Agencies Collections Agency 116

Taurus Collect

NOVEMBER 15, 2023

Experiencing a constant barrage of calls from debt collectors can be overwhelming, to say the least. Many wonder, “How many times can a debt collector call me in one day?” In this post, we will explore the rights and regulations governing debt collection in the UK. or after 9 p.m.,

Debt collector 52

Debt collector Fair Debt Collection Collection Agencies Collections Agency 52

Taurus Collect

FEBRUARY 1, 2024

A debt collector might sound like a character from a Charles Dickens novel, but if you’ve been contacted by one, you know they’re very much a reality of modern financial life. So, what exactly is a debt collector? What Is a Debt Collector? Why Are They Contacting Me?

Debt collector 52

Debt collector Debtor Collection Agencies Collections Agency 52

Sawin & Shea

FEBRUARY 1, 2023

Fielding constant phone calls from creditors can be unnerving and stressful – and stress can have a cumulative effect on your physical health as well as your emotional well-being. That’s why it can be especially disheartening if creditors keep calling. Who knows how to get debt collectors to stop calling after bankruptcy?

Debt collector 64

Debt collector Bankruptcy Creditors Collection Agent 64

Sawin & Shea

MARCH 16, 2021

On top of phone calls, emails, and text messages, the Consumer Financial Protection Bureau (CFPB) will allow debt collectors to message you through Facebook, Instagram, Twitter, and almost any other social media channel. The new rule also loosens the restrictions on how often creditors can contact you.

Debt collector 98

Debt collector Bankruptcy Creditors Fair Debt Collection 98

Consumer Financial Services Law

OCTOBER 31, 2021

With the CFPB having decided to leave the effective date of the Debt Collection Rule as November 30 th , the push is on for debt collectors to ensure their compliance with the Rule by that date. Referral of the Account. As we all know by now, the Rule introduces as a new concept the “itemization date.” Section 1006.34(b)

Debt collector 40

Debt collector Creditors Collection Agencies Collections Agency 40

Albuquerque Law

MAY 18, 2020

When individuals get calls demanding they repay their debt, it is easy for emotions, like fear and anxiety, to take over. However, one question remains: who is calling to collect the debt? Is it a creditor or a debt collection agency? After all, they both look to collect debts.

Debt collector 40

Debt collector Creditors Collection Agencies Collections Agency 40

Sawin & Shea

JUNE 25, 2020

After you file for bankruptcy, it is illegal for your creditors to continue contacting you and asking for payments. If a creditor breaks the law, you can contact a lawyer to pursue a case against them. Here is a closer look at how you can take action against creditor harassment. Finally, you can have some peace!

Creditors 119

Creditors Bankruptcy Fair Debt Collection Debtor 119

Collection Industry News

APRIL 25, 2023

A debt doesn’t generally expire or disappear until its paid, but in many states, there may be a time limit on how long creditors or debt collectors can use legal action to collect a debt. Some debts, though, such as federal student loans don’t have a statute of limitations.

Debt collector 40

Debt collector Collections Fair Debt Collection Student loans 40

Account Recovery

MARCH 19, 2021

JUDGE GRANTS MSJ FOR PLAINTIFF OVER STATUS OF DEBT BECAUSE CREDITOR CANCELED ACCOUNT A District Court judge in New York has granted a plaintiff’s motion for summary judgment after it sued a debt collector for allegedly violating the Fair Debt Collection Practices Act by sending two collection letters to the plaintiff, determining that the plaintiff (..)

Garnishment 162

Garnishment Fair Debt Collection Debt collector Judgment 162

Collection Industry News

SEPTEMBER 8, 2020

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.

Fair Debt Collection 40

Fair Debt Collection Collections Debt collector Credit Bureau 40

Account Recovery

AUGUST 3, 2020

A District Court judge in Tennessee has granted a defendant’s motion for summary judgment in a Fair Debt Collection Practices Act case, agreeing that the defendant does not meet the definition of debt collector under the statute, in large part because the plaintiff’s agreement with the creditor spells out the exact nature of the relationship (..)

Fair Debt Collection 173

Fair Debt Collection Debt collector Judgment Creditors 173

Credit Corp

AUGUST 31, 2021

Getting calls from debt collectors can be frustrating and even confusing. That’s even truer when someone is contacting you about an old debt you forgot about, thought was long resolved, or didn’t know about in the first place. Can a debt collector collect after 10 years, for example?

Debt collector 98

Debt collector Collections Collection Agencies Collections Agency 98

Credit Corp

DECEMBER 14, 2020

If you have debt on your credit reports or are getting calls from a collection agency, you might wonder how long a debtor can try to collect these debts—and how long it can affect your credit score. Can a debt collector collect after 10 years? Can a Debt Collector Collect After 10 Years?

Debt collector 98

Debt collector Collections Judgment Collection Agencies 98

Collection Industry News

DECEMBER 8, 2022

Debt collectors are now allowed to contact Americans on social media and by text message, according to new rules enacted by a US agency this week. The rule from the Consumer Financial Protection Bureau (CFPB) opens the door for creditors to slide into the DMs of millions of Americans who have loans.

Creditors 40

Creditors Debtor Debt collector Fair Debt Collection 40

Collection Industry News

DECEMBER 1, 2022

Debt collectors are now allowed to contact Americans on social media and by text message, according to new rules enacted by a US agency this week. The rule from the Consumer Financial Protection Bureau (CFPB) opens the door for creditors to slide into the DMs of millions of Americans who have loans.

Creditors 40

Creditors Debtor Debt collector Fair Debt Collection 40

Troutman Sanders

FEBRUARY 1, 2022

District Court for the Southern District of California, granting summary judgment in favor of a debt collector in a Fair Debt Collections Practices Act (FDCPA) case. In doing so, it held that a collection letter, which indicated that the debtor could only dispute the underlying debt in writing, violated the FDCPA.

Debt collector 59

Debt collector Judgment Fair Debt Collection Debtor 59

Troutman Sanders

NOVEMBER 27, 2023

MRS BPO, LLC , the Northern District of Illinois, acting on its own motion, granted summary judgment in favor of the defense on claims asserting violations of the Fair Debt Collections Practices Act (FDCPA). When the mother became delinquent on her credit card account, the creditor hired the defendant to collect the debt.

Debt collector 52

Debt collector Judgment Fair Debt Collection Creditors 52

Troutman Sanders

AUGUST 26, 2020

The plaintiff incurred a debt to a medical provider who placed the debt with a debt collector. The collection letter from the debt collector included a request for repayment of principal and interest. The district court agreed and granted summary judgment to the defendant.

Debt collector 52

Debt collector Fair Debt Collection Creditors Original Creditor 52

Credit Corp

FEBRUARY 23, 2024

Dealing with zombie debt can be extremely complicated as debt collectors may repeatedly contact you about an account that belonged to you years ago. Much like the characters in a post-apocalyptic story, it’s possible to overcome zombie debt with the right know-how. How Does Zombie Debt Work?

Collection Agencies 52

Collection Agencies Collections Agency Debt collector Fair Debt Collection 52

Troutman Sanders

JANUARY 22, 2024

Court of Appeals for the First Circuit to reverse a district court’s decision finding that a debt collector lacked the requisite knowledge and intent to violate the Fair Debt Collection Practices Act (FDCPA) when it sent a debt-collection communication prior to any knowledge of the debtor’s bankruptcy filing.

Debt collector 52

Debt collector Bankruptcy Debtor Fair Debt Collection 52

Troutman Sanders

DECEMBER 1, 2020

The Ninth Circuit began its analysis by discussing the bona fide error defense: “[t]o avoid liability, debt collectors may raise the limited affirmative defense that their conduct was not intentional and resulted from a bona fide error notwithstanding the maintenance of procedures reasonably adapted to avoid any such error.”

Debt collector 52

Debt collector Fair Debt Collection Creditors Collection Companies 52

True Accord

MARCH 25, 2021

Recent regulatory activity makes it clear: regulators care as much about consumer preference in debt collection as creditors. In this blog post, Kelly Knepper-Stephens, TrueAccord’s VP Legal & Compliance, highlights the recent laws and regulations designed to protect consumer preferences in debt collection.

Creditors 95

Creditors Collections Fair Debt Collection Lender 95

Direct Recovery

FEBRUARY 7, 2021

In what is supposed to be an increase in protections offered to consumers, an updated version of the Fair Debt Collection Practices Act (FDCPA) was passed in the fall of 2020 that brings that iconic piece of legislation up to date with modern forms of communication. The Type of Creditor Still Matters.

Debt collector 52

Debt collector Third-party Debt Collectors Collection Agent Original Creditor 52

True Accord

JANUARY 31, 2024

And with that in mind, it shouldn’t be surprising that consumers complain about debt collectors’ and creditors’ communication tactics used when collecting debts. But beyond ignoring communication preferences, many consumer complaints actually equate to compliance violations. to 9:00 p.m. at the consumer’s location.

Collections 76

Collections Debt collector Fair Debt Collection Creditors 76

Nexa Collect

JUNE 21, 2023

Increased Debt : If you ignore the debt, interest and fees may accumulate, potentially increasing the total amount you owe. Legal Action : The creditor or collection agency may file a lawsuit against you to recover the debt. Debt Sold : The debt collection agency might sell your debt to another agency.

Collection Agencies 100

Collection Agencies Collections Agency Credit Counselor Garnishment 100

Collection Industry News

MARCH 8, 2021

Illegal activities included harassing phone calls, bogus threats of arrest or lawsuit, and violations of other provisions of the Fair Debt Collection Practices Act. In many cases, consumers didn’t even owe the debts. The collector’s refusal to provide the information is a red flag it’s a scam. Is the debt yours?

Debt collector 40

Debt collector Original Creditor Fair Debt Collection Creditors 40

Roths Child Law

NOVEMBER 7, 2020

Defendant debt collector Santander Consumer USA Holdings ultimately prevailed because it was not collecting money on behalf of a third party. Debt obtained from bankrupted finance company. Santander bought the debt from a financier going through bankruptcy, which made Santander the owner of the debt.

Third-party Debt Collectors 98

Third-party Debt Collectors Debt collector Collections Fair Debt Collection 98

Sawin & Shea

SEPTEMBER 27, 2023

If you are a victim of debt collector harassment, it’s important to know the debt collection laws, and consider your options for debt relief. Chapter 7 is also known as liquidation bankruptcy because in exchange for receiving a discharge of most kinds of debts, the debtor has to give up non-exempt assets.

Chapter 7 bankruptcy 52

Chapter 7 bankruptcy Bankruptcy Debt collector Debtor 52

Troutman Sanders

JANUARY 20, 2023

Creditors and debt collectors may rest assured that they are not violating the Fair Debt Collection Practices Act (FDCPA) when sending debt-collection communications prior to any knowledge of a debtor’s bankruptcy filing. CICA Collection Agency, Inc. , CICA Collection Agency, Inc. ,

Bankruptcy 59

Bankruptcy Debt collector Debtor Collection Agencies 59

FFGN COLLECT NY

DECEMBER 12, 2023

Here is an overview of the NYC law on debt collection: The consumer or debtor can ask the debt collector or attorney to verify the debt or show proof of verification upon collection. Consumers must be aware that the debt they are being collected for is valid.

Debtor 52

Debtor Debt collector Debt Buying Original Creditor 52

Debt Collection Answers

MARCH 18, 2016

Under the federal Fair Debt Collection Practice Act, a debt collector generally is a person or a company that regularly collects debts owed to others, usually when those debts are past-due. Debt collectors include collection agencies or lawyers who collect debts as part of their business.

Debt collector 40

Debt collector Fair Debt Collection Collection Agencies Collections Agency 40

Collection Industry News

MARCH 23, 2021

Court of Appeals for the Third Circuit recently held that a debt collector did not violate the federal Fair Debt Collection Practices Act (FDCPA) when it sent a consumer a collection letter inviting her to “eliminate further collection action” by calling the company, when in fact only written communication could legally stop collection activity.

Debt collector 40

Debt collector Collections Original Creditor Judgment 40

The Kaplan Group

AUGUST 29, 2021

Unfortunately, debt collector harassment is a serious issue that affects many people. Most people go into debt with genuine intentions to pay it back or because we had recently gone through an unexpected event. Overly repetitive phone calls, threats, and other tactics can be considered creditor harassment.

Debt collector 52

Debt collector Collections Fair Debt Collection Debtor 52