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Daily Digest – January 13. Class Action Accuses Collector of Using Inaccurate Creditor Name; State Court Judge Dismisses Suit for Lack of Standing

Account Recovery

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.

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Judge Denies Motion to Compel Arbitration in FDCPA Case

Account Recovery

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.

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CFPB Settles Pending “Meaningful Attorney Involvement” Lawsuit

Troutman Sanders

On January 11, the Consumer Financial Protection Bureau (CFPB) announced it reached a settlement with law firm Forster & Garbus, LLP in its lawsuit over alleged illegal debt collection practices. In doing so, the CFPB alleged (similar to its previous actions involving the law firms Frederick J.

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Ninth Circuit Partially Reverses Grant of Summary Judgment in Favor of Debt Collector in FDCPA Case

Troutman Sanders

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.

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How To Remove Portfolio Recovery From Your Credit Report

Better Credit Blog

Portfolio Recovery buys multiple accounts with old debt from companies that have given up and “charged off” the accounts. In other words, when the original creditor has been unsuccessful in collecting on a debt, it will write off the debt as a loss. Make Them Prove the Debt is Yours.

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How to Remove Collection Accounts from Your Credit Reports

Credit Corp

If you have a lot of inaccurate collection accounts on your report, you might need help from a credit repair firm like Lexington Law Firm. But if you’re committed to a DIY approach to addressing collection items, the following steps may help you clear up your credit profile. How Does Debt End Up in Collections?

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The Limits On Direct And Vicarious Liability Under The FDCPA

FDCPA Defense

Debt buyers are being sued based on the conduct of their agencies and law firms. Even original creditors, who are not subject to the FDCPA, are being drawn into FDCPA litigation under various theories of recovery. or an assignee of a debt, as long as the debt was not in default at the time it was assigned.”).