Account Recovery

JANUARY 13, 2023

Class Action Accuses Collector of Using Inaccurate Creditor Name; State Court Judge Dismisses Suit for Lack of Standing first appeared on AccountsRecovery.net. Class Action Accuses Collector of Using Inaccurate Creditor Name; State Court Judge Dismisses Suit for Lack of Standing appeared first on AccountsRecovery.net.

Creditors 246

Creditors Fair Debt Collection Law Firms Original Creditor 246

Account Recovery

MAY 25, 2022

A complaint has been filed in federal court in California accusing a number of healthcare providers and a collection agency of violating state law as well as the Fair Debt Collection Practices Act by attempting to collect on a debt that was incurred as a result of injuries suffered while the plaintiff was working and … The post Complaint Accuses (..)

Creditors 246

Creditors Fair Debt Collection Collections Healthcare 246

Account Recovery

MAY 12, 2022

A District Court judge in New York has granted a defendant’s motion for summary judgment in a Fair Debt Collection Practices Act class action case, determining that the plaintiff lacked standing to sue because he did not suffer a concrete injury after alleging the defendant violated the statute by sending a collection letter to the … The (..)

Creditors 246

Creditors Fair Debt Collection Judgment Collections 246

Account Recovery

OCTOBER 27, 2021

A District Court judge in Michigan has granted a defendant’s motion to dismiss after it was sued for allegedly violating the Fair Debt Collection Practices Act by contacting the plaintiff after she had disputed the debt in question with the original creditor and for making a “hard inquiry” on her credit report.

Creditors 246

Creditors Fair Debt Collection Original Creditor Collections 246

Account Recovery

OCTOBER 3, 2022

COLLECTOR NOT OBLIGATED TO NOTIFY CREDITOR OF DISPUTE A judge in Oklahoma has granted a motion to dismiss, ruling the defendant was not obligated under the Fair Debt Collection Practices Act to notify the original creditor that a debt was being disputed.

Student loans 231

Student loans Student Loans Creditors Fair Debt Collection 231

Account Recovery

DECEMBER 11, 2020

A District Court judge in Wisconsin has granted a defendant’s motion to dismiss after it was sued for violating the Fair Debt Collection Practices Act because it allegedly failed to correctly identify the creditor to whom a debt was owed in a collection letter. … The post Wisc.

Creditors 246

Creditors Fair Debt Collection Collections 246

Account Recovery

AUGUST 17, 2021

A District Court judge in Florida has granted a defendant’s motion for summary judgment in a Fair Debt Collection Practices Act case, while also pointing out that the legal theory put forth by the plaintiff’s attorney has been “tartly” rejected by other courts and “does not improve by repetition.”

Creditors 246

Creditors Fair Debt Collection Judgment Collections 246

Account Recovery

MARCH 28, 2023

A District Court judge in California has granted a defendant’s motion to dismiss after it was sued for violating the Fair Debt Collection Practices Act by sending a verification letter after the plaintiff send the creditor a refusal to pay statement. A copy of the ruling in the case of Norton v.

Creditors 130

Creditors Fair Debt Collection Collections 130

Account Recovery

FEBRUARY 24, 2023

The post Judge Recommends Dismissing FCRA, FDCPA Claims Against Creditors appeared first on AccountsRecovery.net.

Creditors 130

Creditors Fair Debt Collection Collection Agencies Collections Agency 130

Account Recovery

JANUARY 14, 2021

A District Court judge in Wisconsin has granted a defendant’s motion for summary judgment in a Fair Debt Collection Practices Act class-action case, determining that the plaintiff lacked standing to sue because he took no action to clarify his confusion over whom he should pay after receiving a collection letter from the defendant.

Creditors 242

Creditors Fair Debt Collection Judgment Collections 242

Account Recovery

AUGUST 7, 2020

A District Court judge in New York has agreed to adopt a Magistrate Judge’s recommendation that a defendant’s motion for judgment on the pleadings be granted after it was sued for violating the Fair Debt Collection Practices Act because it allegedly did not properly identify the creditor to whom a debt was owed in a … The post Judge (..)

Creditors 246

Creditors Fair Debt Collection Judgment Collections 246

Account Recovery

APRIL 28, 2021

In a case that was defended by Jin Shin and the team at Malone Frost Martin, a District Court judge in Illinois has reversed himself and granted a defendant’s motion for reconsideration, undoing class certification and summary judgment in favor of the plaintiff, and awarding summary judgment to the defendant in a Fair Debt Collection … (..)

Creditors 241

Creditors Fair Debt Collection Judgment Collections 241

Account Recovery

JUNE 1, 2021

A District Court judge in California has granted a defendant’s motion to dismiss after it was sued for allegedly violating the Fair Debt Collection Practices Act because it identified the creditor and the original creditor in a letter, but did not identify the current creditor to whom the debt was owed, with the judge ruling … The post (..)

Creditors 147

Creditors Fair Debt Collection Original Creditor Collections 147

Account Recovery

OCTOBER 26, 2021

Judge Denies Defendant’s Motion in FDCPA BK Case; Creditor Fined $10k For Collecting Debts in Different Name appeared first on AccountsRecovery.net.

Creditors 246

Creditors Fair Debt Collection Collections Bankruptcy 246

Account Recovery

NOVEMBER 9, 2020

A District Court judge in New Jersey has granted a defendant’s motion to dismiss after it was sued for allegedly violating the Fair Debt Collection Practices Act because the plaintiff claimed the amount cited as being owed in a collection letter was inaccurate and that the plaintiff did not owe the debt to the current … The post Judge Grants (..)

Creditors 236

Creditors Fair Debt Collection Collections 236

Account Recovery

JUNE 1, 2021

NDCA Judge Grants MTD in FDCPA Case Over Creditor ID in Letter; Sixth Circuit Jumps on Standing Bandwagon appeared first on AccountsRecovery.net.

Creditors 214

Creditors Fair Debt Collection Original Creditor Collections 214

Account Recovery

DECEMBER 2, 2020

A District Court judge in New York has denied a defendant’s motion to dismiss after it was sued for allegedly violating the Fair Debt Collection Practices Act by not properly identifying the creditor to whom a debt was owed in a collection letter, ruling there is enough evidence in the complaint to create a plausible … The post EDNY Judge (..)

Creditors 147

Creditors Fair Debt Collection Collections 147

Account Recovery

FEBRUARY 14, 2023

CLASS ACTION ACCUSES CREDITOR OF VOIDING PAYMENT ARRANGEMENT A plaintiff has filed a class-action lawsuit against a creditor and two collection agencies for not honoring the terms of a payment plan that she entered with the creditor, accusing them of violating the Fair Debt Collection Practices Act and state collection laws in Florida.

Creditors 130

Creditors Fair Debt Collection Collections Collection Agencies 130

Account Recovery

MARCH 19, 2021

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 must have been correct when he claimed that he did not owe the … The post (..)

Creditors 147

Creditors Fair Debt Collection Debt collector Judgment 147

Account Recovery

OCTOBER 15, 2020

Robbie Malone and the team at Malone Frost Martin shared the details of a victory in a case in which a District Court judge in New York granted a defendant’s motion for judgment on the pleadings after it was accused of violating the Fair Debt Collection Practices Act by not properly identifying the creditor to … The post Judge Grants Motion (..)

Creditors 130

Creditors Fair Debt Collection Judgment Collections 130

Better Credit Blog

AUGUST 31, 2020

Debt collectors are notorious for harassing consumers when they seek repayment, calling excessively and threatening to take actions that may not be legal. What you may not know is that you are protected by the Fair Debt Collection Practices Act (FDCPA), a law designed to keep third-party debt collectors in check when they contact you.

Fair Debt Collection 53

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

Account Recovery

DECEMBER 2, 2020

Judge Denies MTD in FDCPA Case Over Reference to Creditor; CFPB Sues Debt Settlement Company appeared first on AccountsRecovery.net.

Debt settlement 130

Debt settlement Creditors Fair Debt Collection Collections 130

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

Account Recovery

FEBRUARY 1, 2023

The California Court of Appeals has upheld a lower court’s ruling denying a motion to compel arbitration filed by a collection operation, reaching the same conclusion that the plaintiff never officially consented to arbitration with the original creditor, and allowing a Rosenthal Fair Debt Collection Practices Act case to proceed.

Fair Debt Collection 246

Fair Debt Collection Original Creditor Creditors Collections 246

Account Recovery

SEPTEMBER 6, 2022

A District Court judge in Illinois has granted a defendant’s motion for summary judgment in a Fair Debt Collection Practices Act case involving how the defendant, and the original creditor, came to be in possession of the plaintiff’s husband’s Social Security number.

Fair Debt Collection 246

Fair Debt Collection Original Creditor Judgment Creditors 246

Account Recovery

NOVEMBER 11, 2022

A copy … The post Calif. Appeals Court Upholds Ruling Denying Defendant’s Motion to Compel Arbitration appeared first on AccountsRecovery.net.

Fair Debt Collection 245

Fair Debt Collection Original Creditor Creditors Collections 245

Account Recovery

JULY 12, 2023

A District Court judge in New Jersey has granted a motion to dismiss for lack of standing filed by the defendants in a Fair Debt Collection Practices Act class-action, after they were accused of sending a letter that failed to identify the current creditor to whom the debt was owed and because the creditor was […]

Fair Debt Collection 130

Fair Debt Collection Creditors Collections 130

Account Recovery

JULY 15, 2022

A District Court judge in California has denied a defendant’s motion to compel arbitration in a Fair Debt Collection Practices Act case, ruling that the collection law firm’s actions were independent of the original creditor, and thus not subject to the original agreement’s arbitration clause.

Fair Debt Collection 246

Fair Debt Collection Law Firms Original Creditor Creditors 246

Account Recovery

OCTOBER 17, 2023

A Magistrate Judge in Ohio has gone to great lengths to recommend that a Fair Debt Collection Practices Act lawsuit filed against a creditor and the law firm it used to collect on an unpaid debt be dismissed on the grounds that the plaintiff’s complaint fails to state a claim against any of the defendants […]

Fair Debt Collection 130

Fair Debt Collection Law Firms Creditors Collections 130

Account Recovery

AUGUST 5, 2022

A copy of the … The post Judge Partially Grants MSJ for Plaintiff in FDCPA Case Over Collecting Incorrect Amount appeared first on AccountsRecovery.net.

Fair Debt Collection 246

Fair Debt Collection Collections Judgment Creditors 246

Account Recovery

JULY 22, 2022

A District Court judge in California has partially granted a plaintiff’s motion for summary judgment while denying a defendant’s motion in a Fair Debt Collection Practices Act case, ruling that the defendant violated its discovery obligations by not providing documentation to prove the current creditor owned the debt in question and had (..)

Fair Debt Collection 245

Fair Debt Collection Judgment Creditors Collections 245

Account Recovery

JULY 15, 2022

JUDGE DENIES MOTION TO COMPEL ARBITRATION IN FDCPA CASE A District Court judge in California has denied a defendant’s motion to compel arbitration in a Fair Debt Collection Practices Act case, ruling that the collection law firm’s actions were independent of the original creditor, and thus not subject to the original agreement’s arbitration clause.

Fair Debt Collection 246

Fair Debt Collection Original Creditor Creditors Collections 246

Account Recovery

SEPTEMBER 14, 2023

Asked for a do-over, a panel of judges from the Court of Appeals for the Tenth Circuit decided they were right the first time and affirmed a District Court ruling in favor of a creditor that was sued for violating the Fair Debt Collection Practices Act because it was not licensed as a collection agency […]

Fair Debt Collection 130

Fair Debt Collection Collections Collection Agencies Collections Agency 130

Account Recovery

MARCH 22, 2022

A Magistrate Court judge in New York has awarded the attorneys representing a plaintiff in a Fair Debt Collection Practices Act $11,297 in fees, after the plaintiff accepted an offer of judgment in the amount of $1,050 over a $59 debt that was owed to the original creditor.

Fair Debt Collection 246

Fair Debt Collection Original Creditor Judgment Creditors 246

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.

Fair Debt Collection 130

Fair Debt Collection Original Creditor Creditors Collections 130

Account Recovery

APRIL 12, 2022

A class-action lawsuit has been filed against a collection agency for allegedly violating the Fair Debt Collection Practices Act by having multiple addresses on a collection letter it sent and not explicitly communicating to which address disputes or requests for original creditor information should be sent.

Fair Debt Collection 241

Fair Debt Collection Original Creditor Collection Agencies Collections Agency 241

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