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.

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Creditors Student loans Student Loans Fair Debt Collection 231

Account Recovery

JULY 15, 2022

JUDGE DENIES MOTION TO COMPEL ARBITRATION IN FDCPA CASE 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

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.

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Fair Debt Collection Original Creditor Creditors Judgment 246

Account Recovery

APRIL 12, 2022

A class-action lawsuit has been filed against a collection agency for allegedly violating the Fair Debt Collection Practices Act by having multiple addresses on a collection letter it sent and not explicitly communicating to which address disputes or requests for original creditor information should be sent.

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Troutman Sanders

SEPTEMBER 8, 2023

Although the credit union’s tradeline was updated to reflect that the account was “closed” and in collections, and the collection agency’s tradeline indicated that the credit union was the original creditor, both tradelines showed a balance, albeit for different amounts — $18,340 for the credit union and $20,875 for the collection agency.

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Account Recovery

NOVEMBER 12, 2021

Is it possible for an individual to sue a debt collector for violating the Fair Credit Reporting Act and Fair Debt Collection Practices Act for allegedly attempting to collect a debt that the individual believes he did not owe, when the individual took no action against the original creditor for placing the allegedly illegitimate debt … The post (..)

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Judgment Debt collector Fair Debt Collection Original Creditor 243

Account Recovery

OCTOBER 27, 2021

A District Court judge in Michigan has granted a defendant’s motion to dismiss after it was sued for allegedly violating the Fair Debt Collection Practices Act by contacting the plaintiff after she had disputed the debt in question with the original creditor and for making a “hard inquiry” on her credit report.

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Creditors Fair Debt Collection Original Creditor Collections 246

Account Recovery

OCTOBER 18, 2021

A District Court judge in Illinois has granted a plaintiff’s motion to remand a Fair Debt Collection Practices Act case back to state court, while denying the motion for attorney fees and costs, after the plaintiff received two collection emails from the defendant in which the name of the original creditor was slightly different in … The (..)

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Fair Debt Collection Original Creditor Creditors Collections 246

Account Recovery

OCTOBER 29, 2021

Judge Grants MTD in FDCPA Case Even Though Letter Lacked ‘Clarity’ appeared first on AccountsRecovery.net.

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Fair Debt Collection Original Creditor Creditors Collections 246

Account Recovery

APRIL 15, 2021

In a case that was defended by the team at Malone Frost Martin, the Court of Appeals for the Eighth Circuit has affirmed a lower court’s ruling in favor of a defendant that was sued for violating the Fair Debt Collection Practices Act because it did not include a copy of the original creditor’s financial … The post Appeals Court Affirms (..)

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Fair Debt Collection Original Creditor Healthcare Creditors 219

Account Recovery

AUGUST 13, 2021

Judge Grants MTD in FDCPA Class Action Over Credit Reporting Language in Letter appeared first on AccountsRecovery.net.

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Fair Debt Collection Original Creditor Creditors Collections 246

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.

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Creditors Fair Debt Collection Original Creditor Collections 214

Account Recovery

JUNE 1, 2021

A District Court judge in California has granted a defendant’s motion to dismiss after it was sued for allegedly violating the Fair Debt Collection Practices Act because it identified the creditor and the original creditor in a letter, but did not identify the current creditor to whom the debt was owed, with the judge ruling … The post (..)

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Creditors Fair Debt Collection Original Creditor Collections 147

Account Recovery

SEPTEMBER 17, 2020

A District Court judge in Hawaii has denied a defendant’s motion to compel arbitration in a class-action suit accusing it of violating the Telephone Consumer Protection Act and Fair Debt Collection Practices Act because the defendant did not show that the plaintiff must rely on the terms of his customer agreement with the original creditor … (..)

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Fair Debt Collection Original Creditor Creditors Collections 147

Nexa Collect

JUNE 21, 2023

Though they are generally not allowed to discuss the debt with anyone other than you (in countries with strong consumer protection laws like the U.S.), Debt Sold : The debt collection agency might sell your debt to another agency. this can still lead to embarrassment or social stigma.

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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 Fair Debt Collection Practices Act covers third-party debt collectors — those who buy a delinquent debt from an original creditor, like a credit card company.

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Debt collector Third-party Debt Collectors Fair Debt Collection Original Creditor 108

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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Troutman Sanders

SEPTEMBER 6, 2023

District Court for the District of New Jersey found that the plaintiff had not suffered an injury in fact and therefore lacked standing to assert a claim under the Fair Debt Collections Practices Act (FDCPA). The plaintiff incurred a debt to a bank, which sold the account to a new creditor.

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Debt Collection Answers

MAY 18, 2023

The Fair Debt Collection Practices Act (FDCPA) and other laws provide you with rights and protections that you can use to fight back against such behavior. When dealing with a debt collector like ARS National Services, confirming that the debt is yours is important.

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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. Contract Callers, Inc. Civil Action No. RDB-21-1540 (D. sic] You may recognize this as your.

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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

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. In doing so, it held that a collection letter, which indicated that the debtor could only dispute the underlying debt in writing, violated the FDCPA.

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Troutman Sanders

JANUARY 12, 2023

certified in writing or in Forster & Garbus’ computerized account management system, or any other software program that creates an electronic record, that the initiation of the collections suit complies with the requirements of the proposed order.

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Credit Corp

SEPTEMBER 12, 2023

If the debt collector made an error: If you suspect the debt collection agency made a mistake, like if you see a debt you don’t recognize, you’ll need to confirm the debt belongs to you. You can also contact the original creditor to get this information.

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Debt Collection Answers

MAY 18, 2023

Caine and Weiner is a prominent debt collection firm that operates across various sectors, gathering debts from a range of industries, including: Personal loans Phone bills Student loans Credit cards To secure his debts, Caine and Weiner acquire them from the original creditors at a reduced price, then pursue the entire amount from the debtor.

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Collection Agencies Collections Agency Fair Debt Collection Original Creditor 52

Taurus Collect

MAY 11, 2023

The Different Types of Credit Card Collections When it comes to managing credit card debt, it’s important to understand the different types of credit card collections. The three main types are first-party collections, third-party collections, and debt buyer collections.

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Better Credit Blog

APRIL 1, 2022

First of all, if you’re receiving harassing calls from a collection agency, you need to not only know your rights under the Fair Debt Collection Practices Act , but be willing to stand up against collection agencies who attempt to violate your rights under this law. What to Do When LVNV Funding Calls.

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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. to collect from plaintiff, Florence Burns (Burns).

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Debt collector Judgment Fair Debt Collection Original Creditor 52

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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Debt collector Debtor Fair Debt Collection Original Creditor 52

Troutman Sanders

AUGUST 26, 2020

The plaintiff filed a lawsuit alleging that the debt collector violated the Fair Debt Collection Practices Act (FDCPA) because it was not allowed to charge interest on the unpaid debt or, alternatively, that it was using the wrong start date for the interest calculation.

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Debt collector Fair Debt Collection Creditors Original Creditor 52

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. The Type of Creditor Still Matters.

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Debt collector Third-party Debt Collectors Original Creditor Creditors 52

Troutman Sanders

OCTOBER 12, 2021

district judge in Arkansas recently granted the defendant McKendra Adams’s (Adams) motion to dismiss for lack of standing involving an alleged violation of the Fair Debt Collection Practices Act (FDCPA). Adams , a U.S. Cheatham was also awarded attorney’s fees. 1692(g)(a) of the FDCPA. .

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Debt collector Fair Debt Collection Creditors Original Creditor 52

Troutman Sanders

SEPTEMBER 21, 2022

That same day, and unbeknownst to Pitera, ARG collections counsel moved for a default judgment, which the court granted on March 5 — seven days before the deadline set forth in the February 27 letter. After contacting the original creditor, Pitera believed the debt was no longer owing.

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Better Credit Blog

APRIL 3, 2022

Portfolio Recovery buys multiple accounts with old debt from companies that have given up and “charged off” the accounts. In other words, when the original creditor has been unsuccessful in collecting on a debt, it will write off the debt as a loss. Make Them Prove the Debt is Yours.

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Better Credit Blog

SEPTEMBER 18, 2020

National Credit Services is one such debt collector that may contact you if you fail to make payments on an overdue bill. If National Credit Services contacts you, it means that they have either been hired by your original creditor or have acquired the debt from your original creditor. Validate the Debt.

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Debt collector Fair Debt Collection Original Creditor Creditors 52

Credit Corp

MARCH 20, 2023

The Fair Debt Collection Practices Act provides some support for a consumer disputing a collection. Under the FDCPA, a collection agency must provide you with information that verifies the debt, including the total amount due and the original creditor.

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Credit Management Company

FEBRUARY 22, 2022

Read on to discover all you need to know about debt collection agencies. Myths About Using a Collection Agency: Paying the Original Creditor to Bypass Agencies. Many people believe they can get around dealing with debt collection agencies by paying their original creditors directly.

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Collection Agencies Collections Agency Debt collector Collections 52