Account Recovery
FEBRUARY 1, 2023
The California Court of Appeals has upheld a lower court’s ruling denying a motion to compel arbitration filed by a collection operation, reaching the same conclusion that the plaintiff never officially consented to arbitration with the original creditor, and allowing a Rosenthal Fair Debt Collection Practices Act case to proceed.
Account Recovery
NOVEMBER 11, 2022
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Account Recovery
OCTOBER 3, 2022
A District Court judge in Oklahoma has granted a defendant’s motion to dismiss a Fair Debt Collection Practices Act case, ruling the defendant did not violate the statute because it failed to notify the original creditor that the debt had been disputed by the plaintiff.
Account Recovery
SEPTEMBER 6, 2022
A District Court judge in Illinois has granted a defendant’s motion for summary judgment in a Fair Debt Collection Practices Act case involving how the defendant, and the original creditor, came to be in possession of the plaintiff’s husband’s Social Security number.
Account Recovery
OCTOBER 3, 2022
COLLECTOR NOT OBLIGATED TO NOTIFY CREDITOR OF DISPUTE A judge in Oklahoma has granted a motion to dismiss, ruling the defendant was not obligated under the Fair Debt Collection Practices Act to notify the original creditor that a debt was being disputed.
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.
Account Recovery
JANUARY 13, 2023
Class Action Accuses Collector of Using Inaccurate Creditor Name; State Court Judge Dismisses Suit for Lack of Standing first appeared on AccountsRecovery.net.
Account Recovery
MARCH 22, 2022
A Magistrate Court judge in New York has awarded the attorneys representing a plaintiff in a Fair Debt Collection Practices Act $11,297 in fees, after the plaintiff accepted an offer of judgment in the amount of $1,050 over a $59 debt that was owed to the original creditor.
Account Recovery
APRIL 12, 2022
United Collection Bureau
Collection Industry News
SEPTEMBER 8, 2020
THE Fair Debt Collection Practices Act (FDCPA) is a federal law that was enacted in 1978 by the United States Congress to protect consumers from abusive debt collectors. Note, however, that the FDCPA applies only to third party collectors who collect debt for original creditors. It does not apply to the original creditor itself who uses its own employees to collect debt.
Account Recovery
OCTOBER 29, 2021
Compliance FDCPA 1692e 1692f 1692g(a)(2) Creditor Identification Dispute Notice District Court for the District of New Jersey Hughes v. Certified Credit & Collection Bureau Judge Michael A.
Account Recovery
OCTOBER 27, 2021
A copy of … The post Judge Grants MTD in FDCPA Case Over Dispute Sent to Creditor, Not Collector appeared first on AccountsRecovery.net.
Account Recovery
OCTOBER 18, 2021
Account Recovery
AUGUST 13, 2021
Account Recovery
JUNE 1, 2021
NDCA Judge Grants MTD in FDCPA Case Over Creditor ID in Letter; Sixth Circuit Jumps on Standing Bandwagon appeared first on AccountsRecovery.net.
Account Recovery
APRIL 15, 2021
Account Recovery
SEPTEMBER 17, 2020
Account Recovery
JUNE 1, 2021
Compliance FDCPA 1692g Creditor Identification District Court for the Northern District of California Judge Yvonne Gonzalez Rogers Lenzini v.
Nerd Wallet
NOVEMBER 16, 2020
Working with third-party debt collectors can be confusing and scary. adults with debt in collections, knowing their legal rights is crucial. The article What New Debt Collector Rules Mean for You originally appeared on NerdWallet. Paying Off Debt Personal Finance
Debt Free Colorado
FEBRUARY 21, 2022
Debt Relief Attorney Serving Colorado. Dray Legal Office’s attorneys will endeavor to help you obtain a fresh start by eliminating debt and reorganizing your finances. In this article we will answer the question: What can debt collectors do to you? Debt & Collections
Credit Management Company
AUGUST 9, 2022
Consumer debt ballooned to $15.31 This brought the total average debt balance to more than $96,000 and Generation Z’s average debt has jumped almost 30%. Before you can collect on any debt, you need to validate the debt in accordance with the Fair Debt Collection Practices Act.
Credit Corp
NOVEMBER 9, 2020
If you or someone you know has dealt with a collection agency, you know how trying it can be. Debt collection agencies have a long history of harassment and illegal practices. Can a collection agency report to a credit bureau without notifying you? Debt Collection Laws.
Troutman Sanders
FEBRUARY 1, 2022
District Court for the Southern District of California, granting summary judgment in favor of a debt collector in a Fair Debt Collections Practices Act (FDCPA) case. Krieger), to collect the debt. Emphasis in the original). In Almada v. Krieger , No.
Troutman Sanders
SEPTEMBER 19, 2022
June 7, 2022), the court granted summary judgment in favor of a debt collector who included multiple contact addresses in a debt collection letter. Defendant Credit Control LLC (Credit Control) sought to collect a credit card debt owed by plaintiff Linda Bacalzo.
Troutman Sanders
NOVEMBER 12, 2021
Capouano, Beckman, Russell & Burnett LLC , the Court of Appeals for the Eleventh Circuit recently affirmed defendant law firm Capouano, Beckman, Russell & Burnett LLC’s (Firm) motion for summary judgment involving an alleged violation of the Fair Debt Collection Practices Act (FDCPA).
Better Credit Blog
APRIL 1, 2022
LVNV Funding is a collection agency notorious for suing people whose debts they have purchased—if so, you may be wondering how to remove LVNV Funding from your credit report. Debt collectors, including LVNV Funding, oftentimes use questionable tactics to collect on debts.
Direct Recovery
FEBRUARY 7, 2021
In what is supposed to be an increase in protections offered to consumers, an updated version of the Fair Debt Collection Practices Act (FDCPA) was passed in the fall of 2020 that brings that iconic piece of legislation up to date with modern forms of communication.
Troutman Sanders
JANUARY 12, 2023
On January 11, the Consumer Financial Protection Bureau (CFPB) announced it reached a settlement with law firm Forster & Garbus, LLP in its lawsuit over alleged illegal debt collection practices.
Credit Management Company
FEBRUARY 22, 2022
The word debt often fills people with anxiety, and not without reason. The average American has over $90,000 of debt , and many struggle to manage this number. Therefore, many people find themselves encountering collection agencies at one point or another.
Troutman Sanders
DECEMBER 29, 2021
This letter indicated that Diverse Funding was now creditor to whom the debt was owed but further stated, “[t]he original creditor was. All Entries Debt Buyers and CollectorsIn Whitfield v. Contract Callers, Inc. Civil Action No. RDB-21-1540 (D.
Better Credit Blog
APRIL 3, 2022
Portfolio Recovery Associates, LLC, is a collection agency that buys old debts from lenders and companies that have been unable to collect the debt themselves. Portfolio Recovery will buy old debt for pennies on the dollar. Make Them Prove the Debt is Yours.
True Accord
SEPTEMBER 16, 2022
Trying to keep up with regulations in debt collection can feel overwhelming especially with new cases and federal guidance coming out regularly interpreting the law and states actively amending or creating new laws that impact debt collectors, original creditors, and current creditors.
Credit Corp
MARCH 20, 2023
You have a right to an accurate and fair credit report. Can Disputing a Collection or Credit Hurt You? What to Do If Your Credit Dispute Is Denied How Many Times Can You Dispute a Collection or Inaccurate Credit Item? Can Disputing a Collection or Credit Item Hurt You?
Troutman Sanders
JULY 30, 2021
July 22, 2021), the Eastern District of Michigan granted summary judgment in favor of a debt collector, holding that it did not violate the Fair Debt Collections Practices Act (FDCPA) by failing to report that the plaintiff disputed the debt at issue. In Burns v.
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