Account Recovery

APRIL 5, 2022

The Court of Appeals for the Third Circuit has affirmed the dismissal of a Fair Debt Collection Practices Act case against a student loan servicer for continuing to attempt to collect a student loan debt after it had been discharged in bankruptcy because the plaintiff failed to follow the proper procedure.

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Student loans Student Loans Loans Fair Debt Collection 130

Account Recovery

DECEMBER 10, 2021

Judge Denies MTD in FDCPA, TCPA Class Action; Lawmakers Making Waves Over Student Loans appeared first on AccountsRecovery.net.

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Student loans Student Loans Loans Fair Debt Collection 246

Account Recovery

APRIL 29, 2022

Cancels More Student Loan Debt appeared first on AccountsRecovery.net. Judge Certifies Class in FDCPA Suit; Ed.

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Student loans Student Loans Loans Fair Debt Collection 223

Account Recovery

OCTOBER 19, 2021

Judge Grants MTD in FDCPA Hunstein Case; Report Shares Details of Student Loan Restart Proposals appeared first on AccountsRecovery.net.

Student loans 246

Student loans Student Loans Fair Debt Collection Loans 246

Account Recovery

AUGUST 9, 2021

UTAH JUDGE GRANTS MTD IN FDCPA CASE OVER LACK OF LICENSE A District Court judge in Utah has granted a defendant’s motion to dismiss a Fair Debt Collection Practices Act class action case, ruling that it did not need a license to collect in that state in order to file collection lawsuits against the two … The post Daily Digest – August 9.

Student loans 246

Student loans Student Loans Fair Debt Collection Loans 246

Account Recovery

OCTOBER 11, 2021

Creates Student Loan Enforcement Unit appeared first on AccountsRecovery.net. Judge Awards Plaintiff $70k in Damages, Fees; Ed.

Student loans 240

Student loans Student Loans Loans Fair Debt Collection 240

Account Recovery

OCTOBER 18, 2021

Hands Out Student Loan Contracts appeared first on AccountsRecovery.net. Judge Remands FDCPA Case Back to State Court; Ed.

Student loans 246

Student loans Student Loans Fair Debt Collection Loans 246

Account Recovery

SEPTEMBER 14, 2020

A District Court judge in Connecticut has granted a motion to dismiss filed by a collection agency, a student loan servicer, and the plaintiff’s employer for allegedly violating the Fair Debt Collection Practices Act by attempting to garnish the plaintiff’s wages, because the statute of limitations on filing a claim had passed when the (..)

Student loans 147

Student loans Student Loans Loans Fair Debt Collection 147

Account Recovery

AUGUST 10, 2021

MDNC Judge Grants MTD in FDCPA Class Action; DFPI Fines Student Loan Debt Relief Company $1.4M appeared first on AccountsRecovery.net.

Student loans 246

Student loans Student Loans Fair Debt Collection Loans 246

Account Recovery

OCTOBER 24, 2022

Judge Grants MTD in FDCPA, FCRA Case Over Emails, Portal Access; Appeals Court Blocks Student Loan Debt Relief Plan appeared first on AccountsRecovery.net.

Student loans 187

Student loans Student Loans Fair Debt Collection Loans 187

Account Recovery

AUGUST 27, 2021

in Student Loans Canceled appeared first on AccountsRecovery.net. Judge Grants MTD on All Counts But One in FDCPA Class Action; $1.1B

Student loans 246

Student loans Student Loans Fair Debt Collection Loans 246

Account Recovery

APRIL 9, 2021

Judge Partially Grants MTD in Class-Action; Bill Introduced to Forgive Healthcare Workers’ Student Loans appeared first on AccountsRecovery.net.

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Student loans Student Loans Healthcare Fair Debt Collection 236

Account Recovery

JULY 9, 2021

Judge Denies Certification in FDCPA Suit; PHEAA Getting Out of Federal Student Loan Servicing appeared first on AccountsRecovery.net.

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Student loans Student Loans Loans Fair Debt Collection 221

Account Recovery

APRIL 24, 2023

Judge Denies MTD in FDCPA Case Over Dispute Language in Letter; Experts Predict Court Will Strike Down Student Loan Debt Cancellation Plan first appeared on AccountsRecovery.net. The post Daily Digest – April 24.

Student loans 130

Student loans Student Loans Loans Fair Debt Collection 130

Nexa Collect

JUNE 27, 2023

Recovering unpaid student loans is a systematic process. Just like mortgage recoveries, the steps can vary depending on the jurisdiction and the terms of the loan. Offset Tax Refunds and Government Benefits : For federal student loans in the U.S.,

Student loans 100

Student loans Student Loans Loans Garnishment 100

Account Recovery

JULY 7, 2021

Appeals Court Reverses Dismissal of FDCPA Suit Over Barcode on Envelope; New Student Loan Licensing Law in Mass.

Student loans 246

Student loans Student Loans Fair Debt Collection Loans 246

Account Recovery

SEPTEMBER 14, 2020

Judge Grants MTD in Student Loan Collection Case; Unlicensed Debt Collector Arrested in N.C. appeared first on AccountsRecovery.net.

Student loans 147

Student loans Student Loans Debt collector Loans 147

Account Recovery

FEBRUARY 22, 2021

DEFENDANTS ASK JUDGE TO RECONSIDER DENYING MTD CLAIM IN FDCPA SUIT The defendants in a class-action Fair Debt Collection Practices Act overshadowing case have asked a District Court judge to reconsider her partial denial of a motion to dismiss, after the judge granted the motion on two of the three counts last month.

Student loans 147

Student loans Student Loans Fair Debt Collection Loans 147

Account Recovery

JUNE 6, 2023

COLLECTOR FACING FDCPA SUIT FOR ALLEGEDLY NOT CREDITING ACCOUNT A collector is facing a Fair Debt Collection Practices Act lawsuit for allegedly accepting the first in a series of payments to settle a student loan debt, only to later tell the plaintiff that the payment of $4,800 was not able to be credited to the …

Student loans 130

Student loans Student Loans Fair Debt Collection Loans 130

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

FEBRUARY 24, 2021

A District Court judge in Pennsylvania has denied a plaintiff’s attorney’s renewed motion to withdraw from a case against a student loan servicer for allegedly violating the Fair Debt Collection Practices Act and the Fair Credit Reporting Act, saying her “ill-conceived notion” that her client would be engaging in unlawful or (..)

Student loans 147

Student loans Student Loans Fair Debt Collection Loans 147

Troutman Sanders

APRIL 2, 2021

The Sixth Circuit recently confirmed student loan servicers, who begin servicing debts after default and resale, are not liable to borrowers under the Fair Debt Collection Practices Act (FDCPA) because the servicers are not acting as “debt collectors.”. On March 25, in Willison v. Nelnet, Inc. ,

Student loans 52

Student loans Student Loans Loans Debt collector 52

Account Recovery

MARCH 29, 2023

A Magistrate Court judge in New York has ordered the defendant in a Fair Debt Collection Practices Act class action case to pay $44,895 in attorney’s fees to the plaintiffs for waiting six months to disclose that one of its employees — that the plaintiffs were seeking to depose — had suffered a stroke and … The post Defendant (..)

Fair Debt Collection 130

Fair Debt Collection Collections Student loans Student Loans 130

Direct Recovery

NOVEMBER 14, 2021

Whether you are someone in the debt collection industry or just a consumer that wants to understand their rights better, let’s take a few minutes to break down the details of each bill from a debt collection perspective. Fair Debt Collection Practices Act.

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Student loans Student Loans Collections Fair Debt Collection 52

True Accord

APRIL 5, 2023

Directly impacting creditors and debt collectors, a January ruling from the District Court of Puerto Rico found that sending debt collection communications prior to any knowledge of a debtor’s bankruptcy filing is not a violation of the Fair Debt Collection Practices Act (FDCPA).

Student loans 95

Student loans Student Loans Credit Card Debt Loans 95

Troutman Sanders

SEPTEMBER 19, 2022

The standard courts should use to determine whether an alleged Fair Debt Collection Practices Act (FDCPA) violation is material remains unsettled. Pioneer) to help collect the debt. The packet’s first two pages contained information about the alleged debt and ordered the employer to garnish the plaintiff’s wages.

Student loans 52

Student loans Student Loans Garnishment Fair Debt Collection 52

Collection Industry News

APRIL 25, 2023

In many states, statues of limitations are in place to prevent creditors and debt collectors from using legal action to collect on an older debt. Some debts, though, such as federal student loans don’t have a statute of limitations. When does the statute of limitations period begin?

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Debt collector Collections Fair Debt Collection Student loans 40

Collection Industry News

MARCH 23, 2021

CFPB submits 2020 report to Congress on the administration of the Fair Debt Collection Practices Act. The Consumer Financial Protection Bureau (CFPB) released the 2020 annual report to Congress on the administration of the Fair Debt Collection Practices Act (FDCPA). WASHINGTON , DC (March 22, 2021) —.

Fair Debt Collection 40

Fair Debt Collection Education Student loans Student Loans 40

Sawin & Shea

SEPTEMBER 27, 2023

If the court grants a judgment in favor of the creditor, they have additional collection options, such as wage garnishment, bank account levies, or placing liens on the debtor’s property. Debtors have rights and protections under these laws to prevent harassment, false representations, or unfair practices by debt collectors.

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Chapter 7 bankruptcy Bankruptcy Debt collector Debtor 52

Burr Forman

MAY 20, 2021

Specifically, the notable changes the CDCIA seeks to enforce include, in part: Amending the Truth in Lending Act (“TILA”) to prohibit the use of cognovits or confessions of judgment for small business owners as an unfair credit practice; Amending the Fair Debt Collection Practices Act (“FDCPA”) to regulate communications with servicemembers and prohibit (..)

Collections 52

Collections Debt collector Student loans Student Loans 52

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.

Collection Agencies 52

Collection Agencies Collections Agency Student loans Student Loans 52

Collection Industry News

DECEMBER 11, 2020

With the recent release of its final debt collection rule—Regulation F—the CFPB specifically cited the advisory opinion program as a place for debt collectors to seek clarification of the new requirements and safe harbors. The Bureau established a page on its website dedicated to the Advisory Opinion Program.

Debt collector 40

Debt collector Student loans Student Loans Fair Debt Collection 40

Sawin & Shea

FEBRUARY 1, 2023

Some debts are not dischargeable : Student loans Some taxes Overdue child and spousal support Debts arising from willful and reckless acts, embezzlement, fraud, or larceny Any debts you did not list when you filed for bankruptcy (unscheduled debts) unless the creditor learns of your bankruptcy case.

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Debt collector Bankruptcy Creditors Collection Agent 64

National Service Bureau

SEPTEMBER 9, 2015

It’s no secret that student debt is at an all-time high. According to the US Department of Education, there are more than 40 million student loan borrowers who owe more than $1.2 Unfortunately, this means student loans (unless you have access to scholarships, independent wealth, grants, or other resources).

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Debt collector Student loans Student Loans Collection Agencies 40

Collection Industry News

JUNE 1, 2023

Expanding Debt Markets: Debt markets have witnessed significant expansion in recent years, both in developed and emerging economies. The growing complexity of financial products, such as credit cards, mortgages, and student loans, has led to a surge in outstanding debts.

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Collections Collection Agencies Collections Agency Debt collector 40

Sawin & Shea

AUGUST 24, 2020

Whether or not you file for bankruptcy also depends on the kind of debt you have. Bankruptcy will wipe out credit card debt, medical bills, and personal loans, but will not eliminate primary obligation debt; things like student loans, child and spousal support, and newer tax debt.

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Chapter 13 bankruptcy Bankruptcy Chapter 7 bankruptcy Debt collector 98

Better Credit Blog

APRIL 1, 2022

A good credit score allows you to get better rates on car or mortgage loans just to name a few. If you fall into hard times, the inability to pay off your credit card bills or student loans can result in your debts being transferred to a debt collection agency. Debt Validation.

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Collection Agencies Collections Agency Garnishment Fair Debt Collection 77