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Navigating Commercial Debt Collection: Tips and Best Practices

Taurus Collect

When a business owes another business, the owed entity may engage a commercial debt collection agency to recover the debt on their behalf. These agencies employ various strategies to recover the debt, including negotiation, mediation, or legal action. No Win, No Fee: This model offers risk-free debt recovery.

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2nd Cir. Holds FDCPA Defendant’s ‘Bona Fide Error’ Defense Should Go to Jury

Collection Industry News

Court of Appeals for the Second Circuit recently held that a debt collector did not violate the federal Fair Debt Collection Practices Act (FDCPA) where it unintentionally sent a valid debt collection communication to a non-debtor. A collection firm obtained a default judgment over a debtor named “William J.

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Third Circuit Doubles Down on §1692f Violations

Consumer Financial Services Law

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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The Limits On Direct And Vicarious Liability Under The FDCPA

FDCPA Defense

How can debt collectors avoid liability for the conduct of others? For example, generally speaking, the Act applies only to “debt collectors” who regularly attempt to collect debts that are “due another.” or an assignee of a debt, as long as the debt was not in default at the time it was assigned.”).

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Tenth Circuit Affirms Rejection of Bona Fide Error Defense in FDCPA Claim Alleging a Single Collection Call After Receipt of a Cease-and-Desist Notice

Troutman Sanders

17, 2021), the Tenth Circuit affirmed summary judgement in favor of the plaintiff in a claim under the Fair Debt Collections Practices Act (FDCPA), finding that the defendant debt collector failed to present sufficient evidence to establish a bona fide error defense. The defendant, Medicredit, Inc.