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Judge Dismisses FDCPA Claims Against Owner of Debt

Account Recovery

A District Court judge in Arizona has granted a defendant’s motion to dismiss a Fair Debt Collection Practices Act case, ruling that the plaintiff failed to sufficiently establish the defendant’s status as a “debt collector” under the statute and did not plead adequate facts to support the alleged violations.

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AFSA Submits Comment Letter on Proposed Amendments to NYC Debt Collection Regs

Account Recovery

These regulations could fundamentally alter how creditors and debt collectors operate, potentially harming consumers while imposing onerous compliance burdens on financial institutions.

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NYC Amends Collection Regulation to Clarify Debt Collection Definition Includes Creditors

Account Recovery

In a development first announced by ACA International, the New York City Department of Consumer and Worker Protection (DCWP) has proposed an amendment to its new debt collection regulation. This change directly impacts original creditors who previously may not have considered themselves subject to these regulations.

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Bill Introduced to Prohibit Time-Barred Collection Lawsuits

Account Recovery

It should be noted lawsuits can be filed against consumers seeking to collect on debts for which the statute of limitations is expired — it is up to the consumer to assert that the statute of limitations has expired as an affirmative defense to have the collection suit dismissed. Cohen said in a statement.

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S.C. Drops Review of Right-to-Cure Lawsuit

Account Recovery

The South Carolina Supreme Court has changed its mind and will not issue a ruling in a case over whether a debt collector is required to send a right-to-cure notice to a consumer under state law before filing a lawsuit to collect on an unpaid debt.

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Judge Grants MTD Over Offer of More Credit in Collection Letter

Account Recovery

Debt collectors are conduits — vessels trying to help original creditors recover unpaid debts. Oftentimes, the creditors will make requests or want certain offers included in letters sent to individuals.

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Judge Grants Defendant’s Motion for Judgment in FCRA, FDCPA Case

Account Recovery

Is it possible for an individual to sue a debt collector for violating the Fair Credit Reporting Act and Fair Debt Collection Practices Act for allegedly attempting to collect a debt that the individual believes he did not owe, when the individual took no action against the original creditor for placing the allegedly illegitimate debt … The post (..)

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