Burr Forman

NOVEMBER 9, 2022

7, 2022), the Second Circuit upheld summary judgment for a mortgage servicer, holding that the plaintiff could not pursue claims under the Fair Credit Reporting Act (FCRA) or the Fair Debt Collection Practices Act (FDCPA) for the reporting and collection efforts of his mortgage note.

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Troutman Sanders

FEBRUARY 27, 2023

district court judge in the Western District of New York ended a class action lawsuit by holding that communications between attorneys are not actionable under the Fair Debt Collection Practices Act (FDCPA). After lengthy discovery and litigation, a U.S.

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Jimerson Firm

JANUARY 20, 2023

Florida law provides that community associations may collect assessments from unit owners to cover operating and maintenance costs. If a unit owner fails to pay, the association may record the unpaid assessment as a lien against the property and eventually file for foreclosure. 718.116(6)(b), Fla. See Kelly v. Duggan , 282 So.

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Collection Industry News

MAY 18, 2021

The decision also clarified that businesses engaged in non-judicial foreclosure proceedings are not debt collectors under the FDCPA. This reduces potential costs and delays associated with litigation, while balancing the needs of borrowers and benefits to communities.

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Collection Industry News

APRIL 30, 2023

On April 26, the Consumer Financial Protection Bureau (CFPB or Bureau) issued an advisory opinion reminding the industry that a debt collector who brings or threatens to bring a foreclosure action to collect a time-barred mortgage debt may violate the Fair Debt Collection Practices Act (FDCPA).

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Foster Swift

APRIL 28, 2019

There’s no doubt that many debt collection practices involve aggressive and unseemly tactics used to collect credit card and other unpaid debts, and, as a result, Congress stepped in to curb these practices by passing the Fair Debt Collection Practices Act (“FDCPA”). Supreme Court.

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Collection Industry News

MAY 18, 2021

2547, the Non-Judicial Foreclosure Debt Collection Clarification Act, which would reverse the unanimous decision made by the Supreme Court of the United States (SCOTUS) in 2019. Amend the FDCPA to expand and clarify coverage, including extending coverage for all federal, state, and local debts collected by debt collectors.

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Troutman Sanders

MAY 10, 2021

Our bank and loan servicing clients also face novel challenges affecting their industry due to COVID-19, particularly the ever-changing rules and regulations concerning evictions and foreclosures. You may access this interactive tool at [link]. For more information, click here. For more information, click here.

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Jimerson Firm

DECEMBER 14, 2021

Two important statutes for all businesses to be aware of are the Florida Consumer Collection Practices Act (FCCPA) and the Fair Debt Collection Practices Act (FDCPA). Fair Debt Collection Practices Act. This article discusses the similarities and differences between the FDCPA and the FCCPA.

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Burr Forman

MAY 20, 2021

Prohibiting servicers of private education loans from reporting an adverse item of information relating to the nonpayment of the loan for an established period of time.

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Troutman Sanders

AUGUST 1, 2023

An amendment in the NDAA to update the Fair Debt Collection Practices for Servicemembers Act passed in the Senate by a vote of 95-2. The resolution also requires that notices continue to be sent to homeowners informing them of the DC HAF program prior to a foreclosure action. The amendment, led by U.S.

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Better Credit Blog

AUGUST 12, 2020

Often times, companies and debt collectors do not have sufficient documentation of customers’ debts. The Fair Debt Collection Practices Act requires debt collectors to provide valid proof of debts if you submit a validation letter within 30 days of being contacted by a company.

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Collection Industry News

MAY 30, 2022

abusive acts or practices); (2) any of the 18 enumerated consumer laws listed within the CFPA ( e.g. , Equal Credit Opportunity Act, Fair Debt Collection Practices Act, Truth in Lending Act); or (3) any rule or order prescribed by the CFPB, such as consent orders.

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Collection Industry News

JULY 12, 2022

Court of Appeals for the Eleventh Circuit recently held that periodic statements required by the federal Truth in Lending Act may violate the federal Fair Debt Collection Practices Act if they are not truthful and fair. After defaulting on their home loan, a foreclosure suit was instituted. Source: site.

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Sawin & Shea

AUGUST 24, 2020

Bankruptcy will wipe out credit card debt, medical bills, and personal loans, but will not eliminate primary obligation debt; things like student loans, child and spousal support, and newer tax debt. Bankruptcy can also stop or delay a home or mortgage foreclosure, stop collection actions, stop garnishments and lawsuits.

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Troutman Sanders

APRIL 12, 2021

Our bank and loan servicing clients also face novel challenges affecting their industry due to COVID-19, particularly the ever-changing rules and regulations concerning evictions and foreclosures. On April 5, the CFPB proposed a set of rule changes to help prevent foreclosures as the emergency federal foreclosure protections expire.

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FDCPA Defense

SEPTEMBER 22, 2018

Can a communication from a collector violate the Fair Debt Collection Practices Act, 15 U.S.C. What exactly does the term “debt collection” mean in the context of the FDCPA? It prohibits debt collectors from engaging in a broad range of unfair and misleading debt collection practices.

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Troutman Sanders

AUGUST 2, 2021

Our bank and loan servicing clients also face novel challenges affecting their industry due to COVID-19, particularly the ever-changing rules and regulations concerning evictions and foreclosures. Department of Veterans Affairs, and the Federal Housing Finance Agency extended their foreclosure-related eviction moratoria until September 30.

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Troutman Sanders

MARCH 29, 2021

Our bank and loan servicing clients also face novel challenges affecting their industry due to COVID-19, particularly the ever-changing rules and regulations concerning evictions and foreclosures. On March 22, the CFPB released the 2020 annual report to Congress on the administration of the Fair Debt Collection Practices Act (FDCPA).

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Better Credit Blog

MARCH 2, 2021

Collections agencies tend to get negative reviews from consumers who’ve dealt with them. Unvalidated debts. If you aren’t familiar with the Fair Debt Collection Practices Act and how it can work in your favor, a collector may violate your rights without your knowledge. Foreclosures. Harassment. Ads by Money.

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Troutman Sanders

APRIL 26, 2021

Our bank and loan servicing clients also face novel challenges affecting their industry due to COVID-19, particularly the ever-changing rules and regulations concerning evictions and foreclosures. On April 21, the Fair Debt Collection Practices for Servicemembers Act passed the House of Representatives under suspension of the rules.

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Account Recovery

MAY 10, 2021

The House of Representatives appears to be gearing up to vote on a number of bills, including a package of proposed legislation that would address how debts are collected across the country, and ACA International has started an effort to mobilize the industry encouraging members of Congress to vote no on the measure.

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Better Credit Blog

FEBRUARY 15, 2021

While you’re researching, take the time to educate yourself on the Fair Debt Collection Practices Act , a law made to protect you from shady and threatening collection attempts. Foreclosures. It also has provisions to help ensure accurate reporting, which we’ll cover below. Hard inquiries. Identity fraud.

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Better Credit Blog

FEBRUARY 2, 2021

To get an idea of customers’ experiences with BGE Collections, take a look at the Better Business Bureau and the Consumer Financial Protection Bureau. You should also educate yourself on the basics of the Fair Debt Collection Practices Act before reaching out to BGE Collections. Foreclosure. Repossession.

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Troutman Sanders

JANUARY 11, 2021

On December 15, 2020, the Seventh Circuit Court of Appeals decided four cases which all dealt with the issue of standing within the context of the Fair Debt Collection Practices Act (“FDCPA”).

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Jimerson Firm

JANUARY 16, 2023

The Florida Consumer Collection Practices Act (FCCPA) and the Fair Debt Collection Practices Act (FDCPA) are two pro-consumer statutes. Businesses should be aware of each statute and how to defend against such claims. The plaintiffs sought $500,000 each in actual damages to compensate for their emotional distress.

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Better Credit Blog

FEBRUARY 17, 2021

Some of the most common complaints waged against collections agencies have to do with their aggressive collection strategies, reporting issues, and inadequate responses to debt validation requests. Fortunately, you are protected against issues like the one cited above by the Fair Debt Collection Practices Act.

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Better Credit Blog

FEBRUARY 5, 2021

Collections agencies are often the subject of complaints surrounding their faulty reporting and aggressive tactics. You should also read up on the Fair Debt Collection Practices Act. This act was written to protect consumers from abusive debt collection practices and to ensure accurate reporting. Bankruptcy.

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Better Credit Blog

FEBRUARY 15, 2021

Many complaints are centered around reporting errors, harassment, and failure to respond to debt validation requests. Because these issues are frequent with collection agencies like Fairway Collections, you should understand your rights under the Fair Debt Collection Practices Act. Foreclosure.

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Better Credit Blog

MARCH 1, 2021

Before you contact Bank of America or the agency collecting on their behalf, you should understand your rights under the Fair Debt Collection Practices Act. The FDCPA keeps debt collectors from being abusive or threatening, and it encourages accurate reporting. Foreclosure. or after 9 p.m. Hard inquiries.

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Better Credit Blog

MARCH 1, 2021

Before you contact Bank of America or the agency collecting on their behalf, you should understand your rights under the Fair Debt Collection Practices Act. The FDCPA keeps debt collectors from being abusive or threatening, and it encourages accurate reporting. Foreclosure. or after 9 p.m. Hard inquiries.

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Better Credit Blog

FEBRUARY 4, 2021

Many people don’t realize that they are protected by the Fair Debt Collection Practices Act. The FDCPA gives debt collectors clear guidelines for dealing with customers, including the ones below: Debt collectors can only call between 8 a.m. Foreclosures. Identity fraud. Bankruptcy. Poor payment history.

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Better Credit Blog

FEBRUARY 25, 2021

You can look to the Consumer Financial Protection Bureau and the Better Business Bureau to view complaints filed against debt collectors. Collections agencies are held to a set of standards set forth by the Fair Debt Collection Practices Act. Foreclosure. Bankruptcy. Repossessions. Inaccurate hard inquiries.

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Better Credit Blog

FEBRUARY 12, 2021

To see what customers think of EZ Pass and other debt collectors, take a look at the Better Business Bureau and the Consumer Financial Protection Bureau. You should read up on the basics of the Fair Debt Collection Practices Act. Foreclosure. Charge offs. Repossession. Identity theft. Hard inquiries. Ads by Money.

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Troutman Sanders

MARCH 8, 2021

Our bank and loan servicing clients also face novel challenges affecting their industry due to COVID-19, particularly the ever-changing rules and regulations concerning evictions and foreclosures. Representative Madeleine Dean reintroduced the Fair Debt Collection Practices for Servicemembers Act. On March 5, U.S.

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Collection Industry News

DECEMBER 21, 2020

Court of Appeals for the Ninth Circuit recently reversed an award of summary judgment in favor of a defendant debt collector against claims that it violated the federal Fair Debt Collection Practices Act (FDCPA) by attempting to collect a debt that was discharged in bankruptcy and no longer owed.

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Better Credit Blog

FEBRUARY 24, 2021

Most of the complaints filed against this particular agency are concerned with their failure to adequately respond to debt validation requests and their faulty reporting. Fortunately, you have rights under the Fair Debt Collection Practices Act. For example, the FDCPA limits when collections agencies can contact you.

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