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Calif. Appeals Court Upholds Denial of Motion to Compel Arbitration in RFDCPA Case

Account Recovery

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.

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Calif. Appeals Court Upholds Ruling Denying Defendant’s Motion to Compel Arbitration

Account Recovery

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Collector Not Obligated to Notify Creditor of Dispute, Judge Rules

Account Recovery

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.

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Judge Grants MSJ for Defendant in Case Over Social Security Number

Account Recovery

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.

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Daily Digest – October 3. Collector Not Obligated to Notify Creditor of Dispute; Legal Challenges to Student Loan Debt Cancellation Plan Launched

Account Recovery

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.

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Judge Denies Motion to Compel Arbitration in FDCPA Case

Account Recovery

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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Daily Digest – January 13. Class Action Accuses Collector of Using Inaccurate Creditor Name; State Court Judge Dismisses Suit for Lack of Standing

Account Recovery

Class Action Accuses Collector of Using Inaccurate Creditor Name; State Court Judge Dismisses Suit for Lack of Standing first appeared on AccountsRecovery.net.

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Judge Lowers Attorney’s Fees by 30% in FDCPA Settlement

Account Recovery

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.

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Class-Action Complaint Accuses Collector of Violating FDCPA By Not Explicitly Detailing to Where Disputes Should be Sent

Account Recovery

United Collection Bureau

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The Fair Debt Collection Practices Act

Collection Industry News

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.

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N.J. Judge Grants MTD in FDCPA Case Even Though Letter Lacked ‘Clarity’

Account Recovery

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.

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Judge Grants Defendant’s Motion for Judgment in FCRA, FDCPA Case

Account Recovery

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Judge Grants MTD in FDCPA Case Over Dispute Sent to Creditor, Not Collector

Account Recovery

A copy of … The post Judge Grants MTD in FDCPA Case Over Dispute Sent to Creditor, Not Collector appeared first on AccountsRecovery.net.

Creditors 246
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Judge Remands FDCPA Class Back to State Court After Ruling Plaintiff Lacks Standing

Account Recovery

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Ariz. Judge Grants MTD in FDCPA Class Action Over Credit Reporting Language in Letter

Account Recovery

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Daily Digest – June 1. NDCA Judge Grants MTD in FDCPA Case Over Creditor ID in Letter; Sixth Circuit Jumps on Standing Bandwagon

Account Recovery

NDCA Judge Grants MTD in FDCPA Case Over Creditor ID in Letter; Sixth Circuit Jumps on Standing Bandwagon appeared first on AccountsRecovery.net.

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Appeals Court Affirms Ruling for Defendant in FDCPA Case Over Healthcare Debt

Account Recovery

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Judge Denies Motion to Compel Arbitration in FDCPA, TCPA Class Action

Account Recovery

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NDCA Judge Grants MTD in FDCPA Case Over Creditor ID in Letter

Account Recovery

Compliance FDCPA 1692g Creditor Identification District Court for the Northern District of California Judge Yvonne Gonzalez Rogers Lenzini v.

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What New Debt Collector Rules Mean for You

Nerd Wallet

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

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Dealing with Debt Collectors

Debt Free Colorado

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

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How Does Validation of Debts Work?

Credit Management Company

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.

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Can a Collection Agency Report to the Credit Bureau Without Notifying You?

Credit Corp

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.

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Ninth Circuit Partially Reverses Grant of Summary Judgment in Favor of Debt Collector in FDCPA Case

Troutman Sanders

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.

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Court Grants Debt Collector Summary Judgment in FDCPA Claim Based on Collection Letter With Multiple Addresses

Troutman Sanders

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.

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Appeals Court Affirms Defendant’s Summary Judgment Ruling in FDCPA Statute of Limitations Case

Troutman Sanders

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).

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How To Remove LVNV Funding LLC From Your Credit Report

Better Credit Blog

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.

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Can Debt Collectors Contact Consumers by Email or Text Message in 2021?

Direct Recovery

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.

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CFPB Settles Pending “Meaningful Attorney Involvement” Lawsuit

Troutman Sanders

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.

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Common Myths About Using a Collection Agency

Credit Management Company

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.

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Plaintiff’s Confusion Over Debt Collection Letter Is Not Enough to Create Standing to Assert an FDCPA Claim

Troutman Sanders

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.

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How To Remove Portfolio Recovery From Your Credit Report

Better Credit Blog

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.

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Debunked! Four Compliance Myths and Misconceptions for Collections

True Accord

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.

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TransUnion, Equifax, or Experian Dispute: What Happens When It’s Denied?

Credit Corp

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?

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Court Grants Summary Judgment in Favor of Defendant Debt Collector in a FDCPA Case Concerning a Disputed Debt

Troutman Sanders

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.