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. Code § 1788.2(c)

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Troutman Sanders

MARCH 17, 2023

Safe Home Security is also enjoined from violating state debt collection laws, must clearly disclose if interest will compound, must not misrepresent contract terms, including provisions about cancellation rights, and must not knowingly report incorrect information to consumer reporting agencies and third-party debt collectors.

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Collection Industry News

NOVEMBER 6, 2020

On Friday, the bureau issued its final rule to restate and clarify prohibitions on harassment and abuse, false or misleading representations, and unfair practices by debt collectors when collecting consumer debt.

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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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Better Credit Blog

FEBRUARY 19, 2021

FMA Alliance is a third-party debt collector that works with companies to recover delinquent accounts from customers. Before a debt collector can contact you for payment, they must first report the debt to the major credit bureaus. The majority of their clientele are within: financial services.

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Consumer Financial Services Law

JANUARY 11, 2017

A New York District Court recently addressed the issue of whether the FDCPA requires passive debt buyers to personally register disputes or whether they can delegate that obligation to their third party debt collector/servicer. In Nunez v.

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Troutman Sanders

OCTOBER 9, 2023

Frotman goes on to describe the practice as “coercive” and “problematic,” Noting that “[the CFPB] believe[s] this is a deliberate misuse of the credit reporting system, which is supposed to be used to assess credit risk, not as a debt collection tool.” Supreme Court heard oral argument in Community Financial Services Association of America v.

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Troutman Sanders

DECEMBER 27, 2021

State Activities: On January 1, 2022, California’s medical debt law will take effect, which means agencies licensed in the state will have limits on collection actions and their health care clients will be required to have a written policy on how they send accounts to third-party debt collectors.

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Consumer Financial Services Law

JANUARY 3, 2017

Consistent with this observation, the CFPB reports that consumers complained that accounts were forwarded to third party debt collectors for debts that were not owed and that, upon dispute, the third party debt collector returned the account to the creditor who then forwarded it to another third party debt collector; Consumers also complained that (..)

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