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Tenth Circuit Affirms Summary Judgment in Favor of Defendant in FDCPA Case on the Basis of Claim Preclusion

Troutman Sanders

Court of Appeals for the Tenth Circuit upheld a trial court’s order granting summary judgment in favor of a debt buyer holding that claim preclusion barred the plaintiff’s claims brought under the Fair Debt Collections Practices Act (FDCPA) and Utah’s Unfair Claims Settlement Practices Act (UCSPA).

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How to Stop ARS National Services

Debt Collection Answers

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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How To Remove Reliant Capital Solutions From Your Credit Report

Better Credit Blog

Mail RCS a Debt Validation Letter. Are you worried that RCS is contacting you by mistake about a debt you don’t actually owe? Thanks to the Fair Debt Collection Practices Act, debt collectors are legally required to present you with verification of your debt upon request. Get professional help.

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Court Finds Letter Warning Consumer of Tax Consequences for Debt Forgiveness Does Not Violate the FDCPA

Troutman Sanders

28, 2021) , plaintiff Roberta Bordeaux, on behalf of herself and a class of similarly situated persons, asserted that defendant debt collector LTD Financial Services LP (LTD) violated the Fair Debt Collection Practices Act (FDCPA) by sending collection letters, referencing potential tax reporting consequences of accepting a debt settlement.

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States Encouraged By CFPB To Enforce Federal Consumer Financial Law

Collection Industry News

The Interpretive Rule provides the following: States can enforce the CFPA, including (1) the generic prohibition on unfair, deceptive, or abusive (UDAAP) conduct, (2) the provision making it unlawful for covered persons or service providers to violate any of the 18 federal consumer financial statutes listed in the CFPA, such as the Truth in Lending (..)

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Washington AG Ordered to Pay $4.3M in Attorney’s Fees and Costs to Thrift Store Chain

Troutman Sanders

The AG’s Protracted Investigation and Litigation Savers is the largest for-profit thrift retailer in the world and generates more than $1 billion in annual revenue. The Washington AG began investigating Savers in 2014 and, after a failed negotiation, sued the retailer.

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CFPB Encourages States To Use Federal Authorities To Bring Enforcement Actions

Collection Industry News

The CFPA includes a long list of exemptions to the CFPB’s authority, such as: merchants; retailers; accountants and tax preparers; attorneys engaged in the practice of law; persons regulated by the Securities and Exchange Commission; persons regulated by the Commodity Futures Trading Commission; and auto dealers.