Account Recovery

JANUARY 17, 2022

When is a communication from a debt collector not an attempt to collect a debt? If it says so in a letter to an attorney representing a consumer, is that enough?

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Fair Debt Collection Collections Debt collector Judgment 246

Account Recovery

OCTOBER 11, 2021

A District Court judge in Ohio has awarded a plaintiff more than $70,000 in damages and attorney fees after a default judgment was entered against a defendant in a Fair Debt Collection Practices Act case that accused the defendant of not properly identifying itself as a debt collector in conversations between the two and for … The post Judge (..)

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Fair Debt Collection Debt collector Judgment Collections 246

Account Recovery

AUGUST 19, 2020

A District Court judge in Utah has certified a Fair Debt Collection Practices Act class action case which accused a defendant of pursuing judgments on defaulted debts without registering as a debt collector in the state. A copy of the ruling in the case of Lawrence v.

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Fair Debt Collection Debt collector Judgment Collections 246

Account Recovery

AUGUST 18, 2020

The Ninth Circuit Court of Appeals has overturned a lower court’s ruling that granted summary judgment in favor of a debt collector that was sued for violating the Fair Debt Collection Practices Act because it was entitled to the Bona Fide Error defense, determining that the lower court erred in assessing the BFE test.

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Fair Debt Collection Debt collector Judgment Collections 246

Account Recovery

OCTOBER 2, 2020

The second time before the Ninth Circuit Court of Appeals turned out to be the charm for a debt collector that was accused of violating the Fair Debt Collection Practices Act by attempting to collect more than what was owed after a hospital made a billing error.

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Fair Debt Collection Collections Debt collector Judgment 241

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. Krieger), to collect the debt. 24, 2022) , the Ninth Circuit partially reversed a decision by the U.S.

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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.

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Debt collector Judgment Fair Debt Collection Creditors 52

Account Recovery

AUGUST 18, 2020

APPEALS COURT OVERTURNS FDCPA CASE THAT USED BFE DEFENSE The Ninth Circuit Court of Appeals has overturned a lower court’s ruling that granted summary judgment in favor of a debt collector that was sued for violating the Fair Debt Collection Practices Act because it was entitled to the Bona Fide Error defense, determining that the … The post (..)

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Fair Debt Collection Debt collector Judgment Collections 228

Troutman Sanders

MARCH 28, 2023

As discussed here , in August 2020, a district court for the Middle District of Tennessee held that a medical provider’s third-party billing servicer did not qualify as a debt collector under the Fair Debt Collections Practices Act (FDCPA) because the debt was not in default when it was placed with the extended billing office (EBO).

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Debt collector Judgment Fair Debt Collection Collections 52

Account Recovery

DECEMBER 5, 2022

” … The post Calif.

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Creditors Fair Debt Collection Debt collector Judgment 242

Collection Industry News

MARCH 15, 2021

A woman who claimed “stress and confusion” as injuries after she was contacted by a debt collector without her permission could not convince the 7 th Circuit Court of Appeals that the company had violated the Fair Debt Collection Practices Act. 1692c(a)(2) and (c) of the Fair Debt Collection Practices Act.

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Debt collector Judgment Fair Debt Collection Lender 40

Account Recovery

NOVEMBER 6, 2020

In a case that was spotlighted by Barron & Newburger, a Magistrate Judge in Ohio has granted partial summary judgment in favor of a plaintiff who sued a debt collector for allegedly violating the Fair Debt Collection Practices Act because it did not identify itself as a collector when leaving voicemail messages.

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Fair Debt Collection Debt collector Judgment Collections 189

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 (..)

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Garnishment Fair Debt Collection Debt collector Judgment 162

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.

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Debt collector Judgment Fair Debt Collection Healthcare 52

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 (..)

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Fair Debt Collection Debt collector Judgment Creditors 173

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 (..)

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Creditors Fair Debt Collection Debt collector Judgment 147

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?

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Debt collector Collections Judgment Collection Agencies 98

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.

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Debt collector Collections Fair Debt Collection Student loans 40

Account Recovery

AUGUST 3, 2020

Judge Grants MSJ in FDCPA Case; CFPB Argues Seila Law Ruling Shouldn’t Keep Collection Firm From CID Response appeared first on AccountsRecovery.net.

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Fair Debt Collection Debt collector Collections Judgment 147

Troutman Sanders

JULY 30, 2021

July 22, 2021), the Eastern District of Michigan granted summary judgment in favor of a debt collector, holding that it did not violate the Fair Debt Collections Practices Act (FDCPA) by failing to report that the plaintiff disputed the debt at issue. to collect from plaintiff, Florence Burns (Burns).

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Debt collector Judgment Fair Debt Collection Original Creditor 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?

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Debt collector Collections Collection Agencies Collections Agency 98

Collection Industry News

AUGUST 3, 2021

July 22, 2021), the Eastern District of Michigan granted summary judgment in favor of a debt collector, holding that it did not violate the Fair Debt Collections Practices Act (FDCPA) by failing to report that the plaintiff disputed the debt at issue. to collect from plaintiff, Florence Burns (Burns).

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Debt collector Judgment Fair Debt Collection Original Creditor 40

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.

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Debt collector Fair Debt Collection Creditors Original Creditor 52

Troutman Sanders

APRIL 12, 2022

18, 2022), the court denied the parties’ cross motions for judgment on the pleadings as to claims under the Telephone Consumer Protection Act (TCPA) the Fair Debt Collections Practices Act (FDCPA) that arose out of collection calls placed after the parties had agreed to settle the underlying debt.

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Judgment Debt collector Collections Fair Debt Collection 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?

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Collection Agencies Collections Agency Debt collector Fair Debt Collection 52

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 involve filing a lawsuit to seek a judgment for the amount owed.

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Collection Agencies Collections Agency Collections Healthcare 130

Nexa Collect

JUNE 21, 2023

Legal Action : The creditor or collection agency may file a lawsuit against you to recover the debt. If you ignore this or fail to defend yourself in court, a default judgment may be issued against you. Possible Social Stigma : In some cases, debt collectors may contact relatives or neighbors in an attempt to reach you.

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Collection Agencies Collections Agency Credit Counselor Garnishment 100

Troutman Sanders

AUGUST 4, 2020

In a recent decision out of the Middle District of Tennessee, a medical provider’s third-party billing servicer did not qualify as a debt collector under the Fair Debt Collections Practices Act (“FDCPA”) because the debt was not in default when it was placed with the extended billing office.

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Judgment Debt collector Fair Debt Collection Law Firms 52

Troutman Sanders

MARCH 6, 2023

A district court in the Northern District of California recently denied in part a motion for judgment on the pleadings in a case alleging violations of the Telephone Consumer Protection Act (TCPA), Fair Debt Collection Practices Act (FDCPA), and California’s Rosenthal Act involving collection texts sent to a consumer.

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Judgment Collections Fair Debt Collection Debt collector 52

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.

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Debt collector Collateral Fair Debt Collection Debtor 40

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)

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Debt collector Creditors Collection Agencies Collections Agency 40

Troutman Sanders

SEPTEMBER 8, 2021

the Seventh Circuit Court of Appeals reversed a district court’s entry of summary judgment for the plaintiff in a Fair Debt Collection Practices Act (FDCPA) case and remanded the case with instructions to dismiss for lack of jurisdiction. Kross, Liberman & Stone, Inc. ,

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Judgment Debt collector Fair Debt Collection Collections 52

Troutman Sanders

AUGUST 10, 2020

Michael Seabright, in the District of Hawaii, denied a Defendant debt collector’s motion for summary judgment. Previously, DNF Associates, LLC (“DNF”) had filed a lawsuit against Plaintiff Ronald Viernes seeking to collect a debt. On July 31, Judge J. Thus, DNF proceeded without registering at its own risk.

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Judgment Debt collector Fair Debt Collection Lawyers 52

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.

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Debt collector Collections Original Creditor Judgment 40

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. Debt Collection Laws: What Can Debt Collectors Do?

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Chapter 7 bankruptcy Bankruptcy Debt collector Debtor 52

Troutman Sanders

JULY 23, 2021

Forster & Garbus LLP , a New York district court granted the defendant debt collector’s motion for judgment on the pleadings and denied the plaintiff’s request to amend his complaint in a Fair Debt Collection Practices Act (FDCPA) case. Riexinger & Association LLC.

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Judgment Debt collector Accrued Interest Fair Debt Collection 52

Consumer Financial Services Law

MARCH 27, 2018

Dunn The House Financial Services Committee voted 35-25 on March 21, 2018 to advance H.R. 5082, officially known as the “Practice of Law Technical Clarification Act of 2018,” to the full House of Representatives.

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Law Firms Debt collector Fair Debt Collection Financial services 74