Troutman Sanders

MARCH 6, 2023

A district court in the Northern District of California recently denied in part a motion for judgment on the pleadings in a case alleging violations of the Telephone Consumer Protection Act (TCPA), Fair Debt Collection Practices Act (FDCPA), and California’s Rosenthal Act involving collection texts sent to a consumer.

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Troutman Sanders

JANUARY 18, 2022

Finding that the defendant debt collector was entitled to rely on the information provided by its client about the name of the debtor, a district court judge in Washington state granted summary judgment in favor of Puget Sound Collections, Inc. PSC) in a Fair Debt Collections Practices Act (FDCPA) case.

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Debt Free Colorado

FEBRUARY 21, 2022

Does Colorado Law Protect Me From Debt Collectors? When collecting a debt from you, collection agencies must adhere to federal and state rules. Fortunately, the federal Fair Debt Collection Practices Act (FDCPA) protects all states. What is the Federal Fair Debt Collection Practices Act (FDCPA)?

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Credit Corp

FEBRUARY 23, 2024

This may influence which products we write about and where and how the product appears on a page. Zombie debt is a broad term that refers to past debts that are still affecting you. An example of zombie debt is a three-year-old loan that should be paid off. Key Takeaways: Zombie debt arises based on collection agencies.

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Taurus Collect

NOVEMBER 15, 2023

Regulations around debt collection are strict, and experts from no cure no pay debt collection UK are here to help you navigate these waters. In this post, we will explore the rights and regulations governing debt collection in the UK. They cannot misrepresent the amount you owe or lie about their identity.

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Collection Industry News

JUNE 16, 2023

When it comes to commercial debt collection, the regulatory framework differs from consumer debt collection. Each state may have its own statutes and regulations that dictate the procedures and practices for collecting commercial debts. This involves filing a lawsuit and seeking a judgment from a court.

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The Kaplan Group

OCTOBER 19, 2020

If you have always prided yourself on being debt free, or good with money, you might be tempted to simply pull the covers of your head and ignore your current situation. Instead, I suggest you do what you can to educate yourself about your options. Here are 9 terms you may have heard of, but need to know more about.

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Troutman Sanders

NOVEMBER 8, 2023

Last week, a district court in Nevada held that an undated, model form debt validation notice does not violate the Fair Debt Collection Practices Act (FDCPA). the defendant sent a debt validation letter to the plaintiff that followed the model form provided by the Consumer Financial Protection Bureau (CFPB).

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Troutman Sanders

OCTOBER 20, 2023

Court of Appeals for the Third Circuit issued a decision rejecting a district court’s finding that the so-called informational injury doctrine established Article III standing for the named plaintiff and putative class in a class action brought under the Fair Debt Collection Practices Act (FDCPA).

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Credit Corp

JUNE 14, 2020

It’s debt that’s already dead and shouldn’t be living on your credit report. Find out what you need to know about zombie debt and how to deal with it. How Does Zombie Debt Happen? The most common cases of zombie debt involve collection activities. Zombie Debts and Judgments.

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FFGN COLLECT NY

MARCH 10, 2023

Legal Requirements The legal requirements for collecting consumer debt and commercial debt in New York State differ significantly. Consumer Debt: The Fair Debt Collection Practices Act (FDCPA) regulates consumer debt. Generally, the requirements are as follows.

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Collection Industry News

APRIL 25, 2023

This may also vary depending, for instance, on the: Type of debt State where you live State law named in your credit agreement If you’re sued by a debt collector and the debt is too old, you may have a defense to the lawsuit. Again, if you have questions about the law, consider consulting an attorney.

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Troutman Sanders

SEPTEMBER 7, 2023

The Seventh Circuit Court of Appeals recently affirmed a district court’s dismissal of a suit holding that the plaintiff had not suffered a concrete injury, and therefore, lacked standing to assert a claim under the Fair Debt Collections Practices Act (FDCPA). The bank sold the debt to the defendant creditor. In Choice v.

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True Accord

SEPTEMBER 2, 2022

A new District Court opinion weighs in on digital debt collection efforts, making clear that a notice of attorney representation provided in reply to an email about an account only applies to that specific account. Want to learn more about the different facets of compliance in collections? In Tamika Gilbert v.

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FFGN COLLECT NY

DECEMBER 12, 2023

Consumers must be aware that the debt they are being collected for is valid. Only licensed debt collectors from the NYC Department of Consumer Affairs can perform debt collection. Debt collectors are prohibited from contacting debtors and consumers about their debt more than twice a week.

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Troutman Sanders

DECEMBER 7, 2020

Midwest Recovery Systems (“Midwest Recovery”), a debt collection company, must cease its alleged debt-parking practices, delete all reported debts, and surrender its remaining assets in partial payment of a $24.3 million monetary judgment, under a stipulated order filed by the Federal Trade Commission (“FTC”) last week.

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Credit Corp

DECEMBER 14, 2020

Can a debt collector collect after 10 years? Here’s an overview of the timelines for debt collection and what to do if you’re contacted about an old debt. Can a Debt Collector Collect After 10 Years? What to Do If You Are Contacted About an Old Debt. Get Help Now.

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Troutman Sanders

SEPTEMBER 15, 2020

On September 4, 2020, the Second Circuit Court of Appeals overturned summary judgment granted to a debt collector who had sent collection documents to the wrong person, ruling that it was not entitled to the bona fide error defense because it lacked procedures governing the factual mistake.

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Collection Industry News

MAY 18, 2021

The House Thursday passed legislation making a series of reforms to debt collection requirements. While NAFCU supports efforts to stop abusive debt collection practices, the association had raised concerns about language contained in the bill that would expand the definition of a “debt collector” and increase risks to lenders.

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Troutman Sanders

OCTOBER 15, 2020

Valenzuela brought suit, alleging that the letter violated the FDCPA because it (1) did not inform him of his right to dispute the debt; (2) misled him as to the chain of ownership of the debt; and (3) concealed Axiom’s status as a debt collector. The District Court denied Axiom’s motion, applying precedent from the U.S.

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Direct Recovery

APRIL 18, 2023

In most cases, some qualifications and credentials will be required to distinguish that you are working with a reputable collection agent. Reasons Businesses Hire Debt Collectors Most businesses that hire commercial debt collectors do so to pursue non-payment of invoices and outstanding balances.

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Collection Industry News

MARCH 23, 2021

CFPB submits 2020 report to Congress on the administration of the Fair Debt Collection Practices Act. The Consumer Financial Protection Bureau (CFPB) released the 2020 annual report to Congress on the administration of the Fair Debt Collection Practices Act (FDCPA). The two judgments ordered nearly $15.2

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Collection Industry News

JANUARY 29, 2021

Court of Appeals for the Seventh Circuit recently vacated judgment in favor of a debt collector against putative class action claims raised by a consumer that its collection letter violated the federal Fair Debt Collection Practices Act (FDCPA) by threatening action that could not legally be taken and amounting to a false representation.

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Collection Industry News

OCTOBER 27, 2020

Valenzuela brought suit, alleging that the letter violated the FDCPA because it (1) did not inform him of his right to dispute the debt; (2) misled him as to the chain of ownership of the debt; and (3) concealed Axiom’s status as a debt collector. The District Court denied Axiom’s motion, applying precedent from the U.S.

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Credit Corp

NOVEMBER 9, 2020

Can a collection agency report to a credit bureau without notifying you? Knowing illegal debt collection practices can help identify when you’re being treated unfairly. The Fair Debt Collection Practices Act is a federal law that protects consumers against certain unfair collection practices.

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Troutman Sanders

AUGUST 30, 2021

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. In Lupia v. Medicredit, Inc. , 20-1294 (10th Cir.

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Troutman Sanders

AUGUST 13, 2021

Several months later, an attorney representing Blackmon submitted a formal written dispute of the debt to AARC, which responded with the verification required by the Fair Debt Collection Practices Act (FDCPA). Blackmon then filed an action in the U.S.

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Credit Corp

AUGUST 31, 2021

Getting calls from debt collectors can be frustrating and even confusing. That’s even truer when someone is contacting you about an old debt you forgot about, thought was long resolved, or didn’t know about in the first place. Can a debt collector collect after 10 years, for example?

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Credit Management Company

AUGUST 9, 2022

While many consumers are able to manage their debt load and stay current on their accounts, many businesses are finding themselves with uncollected debt and no proven collection strategy. Before you can collect on any debt, you need to validate the debt in accordance with the Fair Debt Collection Practices Act.

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Credit Management Company

JULY 14, 2021

Everyone in the debt collection industry is familiar with the Fair Debt Collections Practices Act (FDCPA). Reputable collections agencies willingly follow these rules and treat patients with compassion and respect. Contact Us For Your Debt Collection Needs. Now the FDCPA is in the news again.

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Troutman Sanders

MARCH 26, 2021

The letters informed the plaintiff that, in exchange for payment of his discharged debt, the defendant would “update credit data it may have previously submitted regarding this debt.”. District Court for the Southern District of Indiana, asserting two claims under the Fair Debt Collection Practices Act, 15 U.S.C.

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True Accord

MAY 26, 2022

On May 23, 2022, the Consumer Financial Protection Bureau (CFPB), in partnership with the New York Attorney General, filed a proposed judgment against a debt collection enterprise with a history of deception and harassment to pay $4 million and be permanently banned from the debt collection industry.

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Burr Forman

NOVEMBER 1, 2021

In Hunstein , the Eleventh Circuit reversed the dismissal of a Fair Debt Collection Practices Act (“FDCPA”) lawsuit alleging that the Defendant, a debt collector, had violated third party disclosure prohibitions in the FDCPA by using a mail vendor to mail its dunning letters. Ramirez, 141 S.Ct. of § 1692c(b).

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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 OAG initially filed the lawsuit in June 2021, and as part of the judgment, between $450,000 and $2.5 The amendment, led by U.S. For more information, click here.

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FFGN COLLECT NY

JANUARY 13, 2021

Whether you are looking for assistance with collection efforts or want to make sure your current vendor is in compliance, you should be familiar with the laws that govern New York debt collection. Judgment enforcement and more are conducted without state court scrutiny. if frivolous and or inappropriate ), and more.

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Troutman Sanders

JULY 17, 2023

According to the FTC, the agency is empowered to enforce the provisions of the GLBA “in the same manner and with the same power and authority as the [FTC] has under the Fair Debt Collections Practices Act [FDCPA] ….” Further, the stipulated consent order holds Celsius liable for a $4.72

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Better Credit Blog

APRIL 1, 2022

In fact, they are a multifaceted company that can be a part of the debt collection process in the early stages (pre-charge of recovery) or the post-collection stage. Many times collection agencies have inaccurate information about who really owns a debt they are attempting to collect. Debt Validation.

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