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

Sawin & Shea

JULY 20, 2022

Many individuals experience unwanted contact from debt collectors and are unsure how to approach the situation. Businesses or individuals who collect debts on behalf of others are known as debt collectors. The majority of debt collectors work for reputable collection companies.

Debt collector 78

Debt collector Collection Agencies Collections Agency Bankruptcy 78

Sawin & Shea

MARCH 16, 2021

It’s expected to impact 1 in 4 adult Americans, or 70 million people , who have at least one bill in collections. 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.

Debt collector 98

Debt collector Bankruptcy Creditors Fair Debt Collection 98

Burr Forman

SEPTEMBER 3, 2021

The Seventh Circuit reasoned Plaintiff’s lack of Article III standing with respect to her claims brought pursuant to the Fair Debt Collection Practices Act (“FDCPA”), 15 U.S.C. § § 1692 et seq. Kross, Lieberman & Stone, Inc. , 19-1400, 2021 WL 3877930 (7th Cir.

Fair Debt Collection 52

Fair Debt Collection Judgment Collections Debt collector 52

Troutman Sanders

DECEMBER 18, 2023

On December 15, the Consumer Financial Protection Bureau (CFPB) announced it had reached a settlement with medical debt collector Commonwealth Financial Systems, Inc. Commonwealth) in its lawsuit over alleged illegal debt collection practices.

Debt collector 52

Debt collector Collections Fair Debt Collection Debtor 52

The Kaplan Group

MARCH 24, 2022

Debt collectors can now contact consumers on social media. Here’s the background and all you need to know about what debt collectors can and can’t do on social media. In November 2021, The CFPB made some long-awaited updates to the Fair Debt Collection Practices Act. Yes, it’s true.

Debt collector 52

Debt collector Debtor Fair Debt Collection Collections 52

Troutman Sanders

JANUARY 9, 2023

LLC , the district court for the Northern District of Illinois confirmed the long-standing principle that not all communications sent from a debt collector to a debtor are governed by the Fair Debt Collection Practices Act (FDCPA). ARI acquired a debt owed by the plaintiff.

Debtor 52

Debtor Debt collector Collections Fair Debt Collection 52

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

Credit Corp

DECEMBER 14, 2020

But it’s especially frustrating if your debt is several years old. 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. The simple answer is: It depends.

Debt collector 98

Debt collector Collections Judgment Collection Agencies 98

Nexa Collect

JUNE 18, 2023

Since debt collectors are on the phone all day long, they know every tactic to get paid. The cost of collection agencies depends on whether you select their Fixed-fee or Contingency-fee service. This could include accepting a lesser amount than what is owed or setting up a payment plan that the debtor can afford.

Collection Agencies 130

Collection Agencies Collections Agency Collections Healthcare 130

Burr Forman

JUNE 15, 2021

Riexinger & Associates, LLC , the Second Circuit Court of Appeals held that an attempt to collect a debt that states the current balance owed but does not disclose whether interest and fees are accruing is misleading in violation of the Fair Debt Collection Practices Act (“FDCPA”) Section 1692e.

Debt collector 59

Debt collector Fair Debt Collection Debtor Collections 59

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

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

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 18, 2022

Finding that the defendant debt collector was entitled to rely on the information provided by its client about the name of the debtor, a district court judge in Washington state granted summary judgment in favor of Puget Sound Collections, Inc. PSC) in a Fair Debt Collections Practices Act (FDCPA) case.

Debt collector 52

Debt collector Judgment Fair Debt Collection Healthcare 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

Collection Industry News

JUNE 14, 2021

Court of Appeals for the Second Circuit has ruled that a debt collector did not violate the Fair Debt Collection Practices Act by sending the plaintiff a settlement offer that did not disclose that his balance could increase due to interest and fees. In Cortez v. In its 2016 decision in Avila v.

Debt collector 40

Debt collector Collateral Fair Debt Collection Debtor 40

Collection Industry News

JULY 12, 2021

A recent decision in the 3rd Circuit should prompt debt collectors to review their inclusion of viewable bar codes, QR codes or other technologies when sending debt collection letters. Preferred Collections and Management Services, Inc. , Preferred Collections and Management Services, Inc. , In Morales v.

Debt collector 40

Debt collector Healthcare Debtor Fair Debt Collection 40

FFGN COLLECT NY

DECEMBER 11, 2023

An experienced legal professional knows that any misstep during debt collection can lead to serious legal repercussions. To collect debt for a client, New York attorneys must understand and implement ethical practices during debt collection. Do not use aggressive language or threaten the debtor.

Collections 52

Collections Debtor Fair Debt Collection Lawyers 52

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. After all, being reminded that you still have outstanding debts can be overwhelming in itself.

Debt collector 52

Debt collector Collections Fair Debt Collection Debtor 52

Collection Industry News

OCTOBER 27, 2020

Axiom Acquisition Ventures, LLC (“Axiom”) bought Robert Valenzuela’s consumer debt from a bank after he allegedly defaulted on his personal loan payments. Court of Appeals for the Eleventh Circuit, that a communication from a debt collector can have dual purposes, such as giving notice and demanding payment.

Debtor 40

Debtor Debt collector Fair Debt Collection Acquisition 40

Troutman Sanders

OCTOBER 15, 2020

Axiom Acquisition Ventures, LLC (“Axiom”) bought Robert Valenzuela’s consumer debt from a bank after he allegedly defaulted on his personal loan payments. Court of Appeals for the Eleventh Circuit, that a communication from a debt collector can have dual purposes, such as giving notice and demanding payment.

Debtor 40

Debtor Debt collector Fair Debt Collection Acquisition 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

Payment Savvy

NOVEMBER 30, 2021

In 2020, the Consumer Financial Protection Bureau (CFPB) published two rules which implement the Fair Debt Collection Practices Act (FDCPA). Suppose your company works in the field of debt collecting, such as third-party debt collection firms , collection attorneys, debt buyers, or defaulted mortgage servicers.

Debt collector 52

Debt collector Debtor Fair Debt Collection Garnishment 52

FFGN COLLECT NY

JUNE 14, 2023

When a debtor owes a creditor money and the creditor is seeking assistance collecting the amount owed, the creditor can either use a collection law firm or a collection agency. Law firms and collection agencies serve the same purpose initially.

Law Firms 52

Law Firms Collection Agencies Collections Agency Third-party Debt Collectors 52

Troutman Sanders

NOVEMBER 8, 2023

Last week, a district court in Nevada held that an undated, model form debt validation notice does not violate the Fair Debt Collection Practices Act (FDCPA). the defendant sent a debt validation letter to the plaintiff that followed the model form provided by the Consumer Financial Protection Bureau (CFPB).

Debt collector 52

Debt collector Debtor Fair Debt Collection Education 52

Collection Industry News

JUNE 10, 2023

The Fair Debt Collection Practices Act (FDCPA) is a federal law in the United States that regulates the behavior of debt collectors when collecting consumer debts. Verify the debt: Before initiating any collection activities, ensure that the debt is valid and accurate.

Debt collector 40

Debt collector Debtor Fair Debt Collection Education 40

Troutman Sanders

MAY 5, 2021

Section 1692c(b) of the FDCPA prohibits a debt collector from communicating with most third parties “in connection with the collection of any debt” unless it has the consumer’s consent. The hospital hired debt collector Preferred Collection & Management Services, Inc.

Debt collector 52

Debt collector Collections Fair Debt Collection Construction 52

Troutman Sanders

JANUARY 12, 2024

In a change of course, the Utah court of appeals has reversed the dismissal of a plaintiffs’ suit against a debt collector based on its alleged failure to register as a collection agency prior to filing collection suits. In the complaints, Link asserted it was “operating pursuant to the laws of the state of Utah.”

Collection Agencies 52

Collection Agencies Collections Agency Debt collector Collections 52

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.

Debt collector 52

Debt collector Debtor Fair Debt Collection Original Creditor 52

FFGN COLLECT NY

MARCH 10, 2023

Consumer Debt: The Fair Debt Collection Practices Act (FDCPA) regulates consumer debt. New York state and New York City enacted additional laws to further protect residents from harm, real or threatened, by unruly debt collectors. Generally, the requirements are as follows.

Debt collector 52

Debt collector Collections Judgment Enforcement Judgment 52

Taurus Collect

MAY 11, 2023

If you have ever had to deal with credit card debt, you know it can be stressful. Debt collectors call at all hours of the day and pressure is put on borrowers to quickly make payments in full. The process begins when the debtor stops making payments on their credit card and goes into default.

Credit Card Debt 52

Credit Card Debt Collections Collection Agencies Collections Agency 52

National Service Bureau

JUNE 18, 2015

The Fair Debt Collection Practices Act was passed in 1977 to outline the ways in which consumers can be contacted by collection agencies. First, who is a debt collector? First, who is a debt collector? Who is NOT a debt collector? Who falls into this category according to §803? “(A)

Debtor 40

Debtor Debt collector Collection Agencies Collections Agency 40

Collection Industry News

AUGUST 18, 2020

The Consumer Financial Protection Bureau (CFPB) should ensure its debt collection rulemakings do not extend unwarranted regulatory requirements to first-party debt collectors, CUNA wrote Tuesday in response to a CFPB proposal.

Collections 75

Collections Debt collector Credit Unions Credit Unions 75

National Service Bureau

NOVEMBER 20, 2015

The CFPB found Discover Bank to be in violation of the Consumer Financial Protection Act in three instances and in violation of the Fair Debt Collection Practices Act in one.for a mistake that might catch other debt collectors unaware. whatever time zone they might be living in. In the case of Nigro v.

Debt collector 40

Debt collector Student loans Student Loans Debtor 40

Direct Recovery

APRIL 18, 2023

The commercial debt collection process typically involves everything from communicating with debtors about the amounts owed and negotiating payment terms to pursuing legal action and obtaining a judgment against a debtor and garnishing their wages. In most cases, they do not apply to business debts.

Collection Agent 52

Collection Agent Collections Debt collector Collection Agencies 52