Account Recovery

APRIL 3, 2024

A District Court judge in Pennsylvania has denied a defendant’s motion to dismiss a Fair Debt Collection Practices Act class action lawsuit, ruling the plaintiff plausibly alleged violations of the statute after the defendant — a collection law firm — allegedly edited an account statement to include additional fees.

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Account Recovery

AUGUST 12, 2020

Judge Grants MTD in FDCPA Case Over Collection Letter; CFPB’s Case Against Collection Law Firm Stayed appeared first on AccountsRecovery.net.

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Account Recovery

MARCH 5, 2024

A District Court judge in Michigan has certifies a class in a Fair Debt Collection Practices Act case accusing a collection law firm of charging excessive post-judgment interest on dozens of debt collection lawsuits across the state. In three of the cases, […]

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Judgment Fair Debt Collection Law Firms Collections 130

Account Recovery

OCTOBER 25, 2022

COLLECTION FIRM ACCUSED OF SENDING MVN TO REPRESENTED INDIVIDUAL Sending an individual a Model Validation Notice has led to a law firm facing a Fair Debt Collection Practices Act lawsuit, because the law firm allegedly knew the individual was being represented by an attorney, according to a complaint filed in the District Court for the … The (..)

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Law Firms Fair Debt Collection Collections 245

FFGN COLLECT NY

JUNE 14, 2023

When a debtor owes a creditor money and the creditor is seeking assistance collecting the amount owed, the creditor can either use a collection law firm or a collection agency. Law firms and collection agencies serve the same purpose initially.

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Account Recovery

JANUARY 25, 2022

The Court of Appeals for the Ninth Circuit has partially affirmed and partially reversed a lower court’s ruling in a Fair Debt Collection Practices Act case, determining that the District Court judge should not have granted summary judgment for a collection law firm that “expressly” informed an individual in a collection letter that (..)

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Law Firms Fair Debt Collection Judgment Collections 246

Account Recovery

FEBRUARY 15, 2022

The Court of Appeals for the Eighth Circuit has overturned a lower court’s ruling in favor of a plaintiff, determining that he lacked standing to pursue a claim in federal court after suing a collection law firm for allegedly violating the Fair Debt Collection Practices Act in relation to communicating with the plaintiff rather than … The (..)

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Law Firms Fair Debt Collection Collections 246

Account Recovery

JANUARY 18, 2023

The Court of Appeals for the state of California has upheld a lower court’s ruling granting an anti-SLAPP motion against a plaintiff that accused a collection law firm of violating the Rosenthal Fair Debt Collection Practices Act in a case that the Appeals Court sought to answer whether a plaintiff must show materiality when alleging … (..)

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Fair Debt Collection Law Firms Collections 241

Account Recovery

OCTOBER 12, 2021

An interesting Fair Debt Collection Practices Act case out of Minnesota involving a creditor who mis-spelled a customer’s first and last name incorrectly when placing the account with a law firm for collection, a customer who changed her name before filing for bankruptcy protection, and a law firm that may or may not do enough … The post (..)

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Law Firms Fair Debt Collection Bankruptcy Creditors 242

Account Recovery

JULY 29, 2022

A District Court judge in New Jersey has denied a defendant’s motion to dismiss and a motion for sanctions against the plaintiff in a Fair Debt Collection Practices Act case that is accusing a law firm of improperly adding a collection fee in an itemization table included in a summons that was attempting to recover … The post Judge Denies (..)

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Fair Debt Collection Collections Law Firms 246

Account Recovery

JULY 15, 2022

A District Court judge in California has denied a defendant’s motion to compel arbitration in a Fair Debt Collection Practices Act case, ruling that the collection law firm’s actions were independent of the original creditor, and thus not subject to the original agreement’s arbitration clause.

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Account Recovery

JANUARY 13, 2023

CLASS ACTION ACCUSES COLLECTOR OF USING INACCURATE NAME OF ORIGINAL CREDITOR A class-action complaint has been filed in federal court in Utah against a collection law firm for allegedly violating the Fair Debt Collection Practices Act with its Model Validation Notice, which was not dated, but also because the debt was allegedly purchased before the (..)

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Creditors Fair Debt Collection Law Firms Original Creditor 246

Account Recovery

OCTOBER 17, 2023

A Magistrate Judge in Ohio has gone to great lengths to recommend that a Fair Debt Collection Practices Act lawsuit filed against a creditor and the law firm it used to collect on an unpaid debt be dismissed on the grounds that the plaintiff’s complaint fails to state a claim against any of the defendants […]

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Account Recovery

JANUARY 18, 2023

Appeals Court Upholds Anti-SLAPP Ruling for Defendant; Fewer Americans Had Problems Paying Medical Debt first appeared on AccountsRecovery.net.

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Fair Debt Collection Law Firms Collections 246

Account Recovery

MAY 2, 2022

The Court of Appeals for the Sixth Circuit has affirmed a lower court’s ruling in favor of a plaintiff who accused a collection law firm of violating the Fair Debt Collection Practices Act by obtaining a writ of garnishment in the wrong jurisdiction. A copy of the ruling in the case of Thompson v.

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Garnishment Fair Debt Collection Law Firms Collections 246

Account Recovery

SEPTEMBER 21, 2023

A District Court judge in Connecticut has dismissed a laundry list of Fair Debt Collection Practices Act claims made by a plaintiff against a collection law firm, but denied the defendant’s motion to dismiss on one of the claims, which can be used to serve as a reminder to collectors to make sure you include […]

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Fair Debt Collection Law Firms Collections 130

Account Recovery

MARCH 10, 2022

A District Court judge in Kentucky has granted a defendant’s motion to dismiss and denied a plaintiff’s request for leave to file an amended complaint after filing a Fair Debt Collection Practices Act lawsuit against a collection law firm for allegedly overshadowing the validation notice by mentioning in a collection letter that a lawsuit (..)

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Fair Debt Collection Law Firms Collections 246

Account Recovery

MAY 2, 2022

APPEALS COURT UPHOLDS RULING FOR PLAINTIFF IN FDCPA CASE OVER GARNISHMENT JURISDICTION The Court of Appeals for the Sixth Circuit has affirmed a lower court’s ruling in favor of a plaintiff who accused a collection law firm of violating the Fair Debt Collection Practices Act by obtaining a writ of garnishment in the wrong jurisdiction.

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Garnishment Fair Debt Collection Law Firms Collections 246

Better Credit Blog

AUGUST 31, 2020

Debt collectors are notorious for harassing consumers when they seek repayment, calling excessively and threatening to take actions that may not be legal. What you may not know is that you are protected by the Fair Debt Collection Practices Act (FDCPA), a law designed to keep third-party debt collectors in check when they contact you.

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Fair Debt Collection Third-party Debt Collectors Collections Debt collector 53

Account Recovery

OCTOBER 12, 2021

JUDGE GRANTS MSJ FOR DEFENDANT IN FDCPA CASE OVER MIS-IDENTIFIED CONSUMER An interesting Fair Debt Collection Practices Act case out of Minnesota involving a creditor who mis-spelled a customer’s first and last name incorrectly when placing the account with a law firm for collection, a customer who changed her name before filing for bankruptcy protection, (..)

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Fair Debt Collection Law Firms Collections Bankruptcy 244

Account Recovery

JUNE 28, 2022

Judge Grants MTD in FDCPA Case Over ‘Generic’ References in Letter; Two M&A Deals Announced appeared first on AccountsRecovery.net.

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Fair Debt Collection Law Firms Collections 223

Account Recovery

APRIL 12, 2021

A District Court judge in Florida went to great lengths to spell out exactly why a plaintiff lacked standing to sue in a Fair Debt Collection Practices Act case in which she alleged a collection law firm did not engage in meaningful attorney involvement before sending a validation notice on an unpaid debt.

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Fair Debt Collection Law Firms Collections 246

Account Recovery

JANUARY 25, 2022

Appeals Court Partially Overturns Ruling in FDCPA Case; Reg F Lawsuit Filed Over Credit Reporting appeared first on AccountsRecovery.net.

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Fair Debt Collection Law Firms Judgment Collections 245

Account Recovery

MARCH 17, 2021

In a case that was defended by Lawrence Bartel and Andrew Schwartz from Gordon Rees Scully Mansukhani, the Third Circuit Court of Appeals has affirmed the dismissal of a Fair Debt Collection Practices Act case in which the wife of a deceased individual sued after she was sent collection letters by a law firm seeking … The post Appeals Court Upholds (..)

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Fair Debt Collection Law Firms Collections 246

Account Recovery

MARCH 9, 2021

The Eighth Circuit Court of Appeals has upheld the dismissal of a pair of lawsuits filed against a collection law firm that accused it of violating the Fair Debt Collection Practices Act because it included “disbursements” in a statement of claim document when collection lawsuits were filed against the plaintiffs, and because the debt buyer (..)

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Fair Debt Collection Law Firms Collections 246

Account Recovery

JUNE 28, 2022

A District Court judge in New Jersey has granted a defendant’s motion to dismiss, ruling the plaintiff lacked standing filing a class-action lawsuit against a collection law firm, accusing it of violating the Fair Debt Collection Practices Act because the pronouns used in a collection letter were too generic.

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Fair Debt Collection Law Firms Collections 241

Account Recovery

OCTOBER 21, 2020

In a case that was defended by The Echols Law Firm, with local counsel provided by Charles McHale of Golden Scaz Gagain, a District Court judge in Florida has granted a defendant’s motion to dismiss after it was sued for violating the Fair Debt Collection Practices Act because the plaintiff claimed to have been misled … The post Judge Grants (..)

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Fair Debt Collection Law Firms Collections 237

Account Recovery

APRIL 4, 2023

A District Court judge in Kansas has granted a defendant’s motion to dismiss in a Fair Debt Collection Practices Act class action, ruling that the plaintiff lacked standing to sue after accusing a law firm of failing to redact the plaintiff’s personal information from an exhibit filed in an underlying collection lawsuit.

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Fair Debt Collection Law Firms Collections 130

Account Recovery

AUGUST 4, 2020

The California State Court of Appeals has partially overturned a lower court’s denial of a lawsuit claiming a collection law firm violated the Fair Debt Collection Practices Act and the Telephone Consumer Protection Act in which the defendant attempted to use an anti-SLAPP motion to have the case dismissed.

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Fair Debt Collection Law Firms Collections 236

Account Recovery

AUGUST 12, 2020

A District Court judge handling a lawsuit filed by the Consumer Financial Protection Bureau against a collection law firm for allegedly violating the Fair Debt Collection Practices Act has decided to stay the case until after the Supreme Court issues a ruling in a case challenging the constitutionality of a federal agency being run by … The post (..)

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Fair Debt Collection Law Firms Collections 225

Debt Free Colorado

APRIL 1, 2021

That said, let me walk you through all the elements of this particular email that tip it off as a scam: From: Sherrill Green <SherrillGreen@outlook.com> Wait, the prestigious “Webster Law Firm” doesn’t have it’s own domain and you’re using a generic outlook.com account? Attorney at Law?

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Law Firms Third-party Debt Collectors Lawyers Loans 75

Account Recovery

SEPTEMBER 10, 2020

A collection law firm in Virginia is being sued for allegedly violating the Fair Debt Collection Practices Act by misrepresenting the amount of attorney involvement in drafting collection letters and for charging “unreasonable” fees to individuals who do not pay their rent.

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Fair Debt Collection Collections Law Firms 195

Account Recovery

APRIL 12, 2021

Judge Dismisses FDCPA Meaningful Review Case for Lack of Standing; Experts React to Reg.

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Fair Debt Collection Law Firms Collections 234

Troutman Sanders

FEBRUARY 28, 2023

On February 13, the Second Circuit Court of Appeals affirmed the decision of an Eastern District of New York court and found that the defendant law firm, Mandarich Law Group, LLC (Mandarich), had conducted a meaningful attorney review of the plaintiff debtor’s account prior to mailing her a debt collection letter on the firm’s letterhead.

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Consumer Financial Services Law

MARCH 27, 2018

5082, officially known as the “Practice of Law Technical Clarification Act of 2018,” to the full House of Representatives. Dunn The House Financial Services Committee voted 35-25 on March 21, 2018 to advance H.R.

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Account Recovery

JULY 13, 2022

A District Court judge in Illinois has granted a plaintiffs’ motion for a temporary restraining order and preliminary injunction that orders the defendant in a Fair Debt Collection Practices Act case to … The post Judge Grants TRO Against Defendant in FDCPA Case appeared first on AccountsRecovery.net.

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Fair Debt Collection Collections Law Firms 246

Account Recovery

AUGUST 14, 2023

In a case that was defended by David Schultz at Hinshaw Culbertson, the Court of Appeals for the Seventh Circuit on Friday affirmed the dismissal of a Fair Debt Collection Practices Act lawsuit on the grounds the plaintiff lacked standing to sue — again — even though the plaintiff hired an attorney and paid an […]

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