Consumer Financial Services Law

JULY 21, 2021

The bankruptcy court order held mortgage servicer Newrez, LLC (“Newrez”) and the holder of the mortgage note at issue in civil contempt for failing to abide by the terms of the individual debtors’ confirmed chapter 11 plan (the “Plan”). Newrez, LLC v. Beckhart , No. 7:20-cv-00192-BO, 2021 U.S. LEXIS 125293, at *1 (E.D.N.C.

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FDCPA Defense

FEBRUARY 1, 2018

as well as analogous state laws governing the consumer collection process. One line of cases creates a duty to disclose to the debtor that the amount of the debt may be increasing due to accruing interest, fees or other charges. Riexinger & Associates, LLC , 817 F.3d 3d 72 (2d Cir. 2016) and Carlin v. Davidson Fink LLP , 852 F.3d

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Collection Industry News

JUNE 14, 2021

Some companies buy old debt, collect what they can on it, and then – instead of canceling the debt, which they are supposed to do – they just sell the list of debtors to another company,” Morrissey said. But like many debtors, debt collection kingpins have been elusive when it comes to paying what they owe. District Court in Buffalo.

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FDCPA Defense

APRIL 17, 2019

1993), a collection agency sent letters to “approximately one million debtors each year” using a computerized mass-mailing system, on letterhead listing “P.D. The Court observed that “Rubin has no real involvement in the mailing of dunning letters to debtors,” id. In Clomon v. Jackson , 988 F.2d 2d 1314 (2d Cir. 3d 283 (D.N.J.

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Lawyers Creditor's Rights Law Firms Creditors 40

FDCPA Defense

JULY 20, 2013

On July 11, 2013, California passed the FairDebt Buying Practices Act , California Civil Code section 1788.50 The Act only applies to consumer debts that are sold or resold on or after January 1, 2014. 5) The name and last known address of the debtor as they appeared in the charge-off creditor’s records prior to the sale of the debt.

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FDCPA Defense

JANUARY 22, 2017

You will also want to evaluate all third party interactions that your firm engages in, such as contacts with relatives of the debtor, co-workers, interactions with consumer reporting agencies, and the procedures of the vendors that your firm employs, such as process servers. JQD, LLC , 2014 WL 3404945 (N.D. Collins Fin. Johnson, et al.,

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Troutman Sanders

FEBRUARY 13, 2024

The judge stated that since Genesis never transferred the assets, they cannot be considered as collateral pledged by the debtor. Genesis filed for Chapter 11 protection in January 2023 with $5.1 Supreme Court unanimously ruled that government agencies can be sued for violations of the Fair Credit Reporting Act (FCRA).

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