Troutman Sanders

SEPTEMBER 7, 2021

As a result, many of the 16,000 SUNY students taken to court in the past eight years have had default judgments entered against them because they were unable to make their court date. Current regulation allows the AG to file suit in State Supreme Court in Albany, NY, regardless of where the individual with the unpaid student loan resides.

Financial services 52

Financial services Student loans Student Loans Foreclosure 52

Consumer Financial Services Law

MAY 1, 2020

By Anna Claire Turpin The Sixth Circuit Court of Appeals recently explored the limitations of Section 1692(f)(6) and held that a property preservation and maintenance company was not a debt collector for purposes of that section. 1692f(6) and affirmed the district court's judgment in favor of the defendant. Thompson v.

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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.

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Troutman Sanders

APRIL 19, 2021

Pritzker issued an executive order extending the suspension of garnishment, deduction of wages, and post-judgment citations to discover assets through April 30. For more information, click here. State Activities: On April 14, Illinois Governor J.B. For more information, click here. For more information, click here.

Financial services 52

Financial services Student loans Student Loans Financial Institution 52

Troutman Sanders

SEPTEMBER 27, 2021

On September 22, the California Department of Financial Protection and Innovation issued its first enforcement action against a debt buyer and debt collector, resulting in a $375,000 fine for unlawfully threatening to sue consumers and submitting negative information to credit bureaus without notifying consumers.

Financial services 52

Financial services Student loans Student Loans Foreclosure 52

Troutman Sanders

APRIL 27, 2023

Consumer Financial Services Associate Jonathan Floyd focuses his practice on financial services litigation, representing clients in class actions and business disputes in both federal and state courts. Transcript: Recent Trends in Article III Standing (PDF)

Fair Debt Collection 52

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Troutman Sanders

AUGUST 9, 2021

s emergency debt collection bill. Among other changes, the amended bill now no longer requires debt collectors to provide debt documentation within five days of the initial communication (such materials now only need be provided upon request from consumer) and removes the allowance of damages per violation.

Financial services 52

Financial services Student loans Student Loans Foreclosure 52

Consumer Financial Services Law

MARCH 8, 2018

Dunn A District Court in the Seventh Circuit has held that a debt collector may not avail itself of the § 1692k(c) bona fide error defense if it “intentionally chose to present conflicting information,” even if that conflicting information was provided to it by the creditor. By: Zachary K. In Garcia v. LEXIS 17818 (N.D. Adjustments $0.00

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FDCPA Defense

SEPTEMBER 26, 2017

Can a bank be sued for acting as a “debt collector” under the California Rosenthal Act? You are probably tempted to answer “yes” it can, because you know the Act defines a “debt collector” to include an entity that is collecting on behalf of itself or on behalf of third parties. Arrow Financial Services, LLC , 660 F.3d

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FFGN COLLECT NY

JANUARY 13, 2021

As far as regulations and requirements within New York, the type of debt dictates which rules and regulations apply to debt collectors. More specifically, debt defined by New York as “consumer debt” is regulated at the federal and state level whereas business to business debts are not.

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Collection Industry News

MAY 18, 2021

While NAFCU supports efforts to stop abusive debt collection practices, the association had raised concerns about language contained in the bill that would expand the definition of a “debt collector” and increase risks to lenders. The bill, the Comprehensive Debt Collection Improvement Act, passed the House by a vote of 215-207.

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Burr Forman

MAY 20, 2021

2547 (the “Comprehensive Debt Collection Improvement Act” or “CDCIA”). Originally introduced by House Financial Services Chairwoman Maxine Waters, the CDCIA’s primary purpose is to provide additional financial protections for consumers and place restrictions on debt collection activities by amending several consumer finance statutes.

Collections 52

Collections Debt collector Student loans Student Loans 52

Troutman Sanders

NOVEMBER 8, 2023

. §§ 1006.347(c) and (d)(1), the safe harbor provision does not shield debt collectors from liability under any other statutes. However, an analysis of the plaintiff’s claims under the FDCPA still resulted in judgment in the defendant’s favor.

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Troutman Sanders

FEBRUARY 6, 2023

In a recent decision, a Michigan district court found that because there was a genuine issue of fact as to whether the defendant debt collector notified the consumer reporting agency (CRA) to remove a disputed debt notification from the plaintiff’s tradeline, the case could proceed to trial. In Evans v.

Fair Debt Collection 52

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Troutman Sanders

FEBRUARY 10, 2021

Dawson, in the Western District of Arkansas, granted a defendant debt collector’s motion for summary judgment. The court determined Monterey Financial Service LLC’s responses to plaintiff Kyle Steven Johnston’s debt validation request did not constitute harassment and satisfied Monterey’s obligations under the FDCPA.

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Troutman Sanders

NOVEMBER 1, 2021

LTD Financial Services, L.P. , In her suit, the plaintiff alleged this statement was false, deceptive, or misleading in violation of FDCPA Section 1692e and that it was an unfair or unconscionable means to collect or attempt to collect any debt in violation of FDCPA Section 1692f. In Bordeaux v. 2:16-0243 (KSH) (CLW) (D.N.J

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Consumer Financial Services Law

OCTOBER 3, 2019

The lawsuit was withdrawn, but Klemm tried again in 2009 and someone at the former residence accepted service on his behalf. Klemm obtained a default judgment for around $1,500.00. Rotkiske did not discover the judgment until 2014 when he applied for a mortgage.

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Consumer Financial Services Law

JANUARY 22, 2021

Communications in Connection with Debt Collection) to allow debt collectors to communicate with the deceased consumer’s spouse, parent (if the consumer is a minor), legal guardian, executor or administrator, and confirmed successor in interest (as defined Regulation X). Section 1006.2(c) This definition dovetails with 1006.6

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UK debt collections

APRIL 14, 2022

– Amazingly, even in 2022 people and businesses still run the risk of using ‘unlicensed’ debt collectors. Ensure that that if you are considering using a DCA, it is a member of the Debt Collection industry’s only trade association, the Credit Services Association.

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Collection Industry News

MAY 18, 2021

Despite objections from CUNA and NAFCU, the House of Representatives passed the Comprehensive Debt Collection Improvement Act on Thursday. 2547 was sponsored by House Financial Services Committee Chairwoman Rep. The bill, H.R. Maxine Waters (D-Calif.), passed the House with a 215-207 vote.

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Consumer Financial Services Law

MARCH 23, 2021

District Court for the Eastern District of New York recently denied cross-motions for summary judgment on a debtor’s claim that a law firm’s validation notice constituted a meaningful attorney involvement violation of the FDCPA. By: Landon G. Van Winkle The U.S. Solovyova v. Grossman & Karaszewski PLLC , No. 19-CV-2996, 2021 U.S.

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Consumer Financial Services Law

FEBRUARY 18, 2019

The district court granted summary judgment in favor of the law firm based on its determination that the debt collector was not required to validate the debt and had ceased collection of the debt because third-parties, not the debt collector, posted and published the Notice. Scott at *13.

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Consumer Financial Services Law

SEPTEMBER 4, 2016

A Missouri district court has refused to grant partial summary judgment in favor of a consumer who asserted violations of 15 U.S.C. Delta Outsource Group, the consumer, who was employed as a collector by another debt collector, received two calls from the collection agency while at work. Delta Outsource Group, C.A.

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Better Credit Blog

NOVEMBER 23, 2020

Using the strategies outlined below, you can say goodbye to debt collectors and get your score back on track. or FMS Corp, is a third-party debt collection agency headquartered in Tulsa, Oklahoma. collects on a wide range of debts from several industries, including: Education. Financial services. Bank cards.

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Consumer Financial Services Law

OCTOBER 9, 2019

12, 2019), the defendant debt collector sent a collection letter to the consumer in an envelope which, on its face, displayed a QR code. When scanned, the QR code revealed the debt collector’s internal account number. The consumer filed suit asserting the envelope violated 15 U.S.C.

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Collection Industry News

JULY 20, 2020

DEBT COLLECTORS, facing growing demands to freeze the collection of debt across the country amid the economic hardship caused by the coronavirus pandemic, are mobilizing their lobbyists to push back. In New York, residents are receiving a 30-day reprieve from the collection of state-owned medical and student debt.

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Consumer Financial Services Law

DECEMBER 30, 2020

In Donovan , the debt collector sent a letter with two glassine windows. The consumer filed suit alleging that the envelope created a risk that third parties would recognize that she was receiving mail from a debt collector and asserting, among other things, a violation of 15 U.S.C. Donovan , 2020 U.S.

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Better Credit Blog

FEBRUARY 19, 2021

Headquartered in Minneapolis, Minnesota, the agency has a slightly different focus than other debt collectors. DCM Services LLC primarily helps businesses collect on the delinquent accounts of the deceased by targeting their estates. They collect on debts in numerous industries, such as: Auto. Financial Services.

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Collection Agencies Collections Agency Debt collector Third-party Debt Collectors 52

Burr Forman

NOVEMBER 1, 2021

Preferred Collection and Management Services, Inc., In Hunstein , the Eleventh Circuit reversed the dismissal of a Fair Debt Collection Practices Act (“FDCPA”) lawsuit alleging that the Defendant, a debt collector, had violated third party disclosure prohibitions in the FDCPA by using a mail vendor to mail its dunning letters.

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Troutman Sanders

FEBRUARY 24, 2022

Preferred Collection and Management Services Inc. For context, 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.

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Troutman Sanders

MARCH 17, 2023

million settlement with Safe Home Security, its CEO, and affiliated companies to resolve allegations that their practices violated state consumer protection laws by “trapping Massachusetts consumers in long-term auto renewal contracts” and engaging in illegal debt collection practices, among other activities.

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Troutman Sanders

MARCH 4, 2024

The OAG also found that the debt collection law firm illegally continued to pursue consumers for debts that were already paid or partially paid, and sometimes garnished wages for judgments that were completed. For more information, click here. s Municipal Regulations. regulations allow utilities 10 business days.

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Consumer Financial Services Law

MAY 25, 2021

This article will examine the decision, its immediate impacts, and considerations for the industry as it moves toward implementation of the debt collection rule. A Quick Summary In Hunstein , the debt collector engaged a third-party vendor to prepare and send its demand letter. LEXIS 11648 at *4.

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Troutman Sanders

SEPTEMBER 6, 2023

District Court for the Western District of Washington, the plaintiff moved for partial summary judgment. As the court explained, the bona fide error defense is an affirmative defense, for which the debt collector has the burden of proof. After removal to the U.S.

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Troutman Sanders

AUGUST 1, 2023

On July 27, the Financial Innovation and Technology for the 21st Century Act passed the House Committee on Agriculture. The bill previously passed the House Committee on Financial Services on July 26. Per the report, examiners found multiple instances of unfair or abusive acts or practices by servicers.

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BN Lawyers

JANUARY 14, 2019

A debt collector is free to collect during the thirty-day period as long as it does not overshadow or contradict the consumer’s thirty-day rights. But what if the debt collector initiates a process that is not readily stopped if the consumer makes a timely request for validation? In Scott v. Trott Law, P.C. ,

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BN Lawyers

MARCH 21, 2019

Obduskey, a homeowner, sued McCarthy & Holthus, asserting that the law firm had violated the FDCPA when it proceeded with a non-judicial foreclosure prior to responding to a timely request for debt validation under Section 1692g of the FDCPA. The “primary definition” of debt collector being “any person.in

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