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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. The plaintiff, Jeffrey Almada, allegedly owed money to a homeowner’s association, which retained the defendant, the Krieger Law Firm, A.P.C. Krieger , No.

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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. In doing so, the CFPB alleged (similar to its previous actions involving the law firms Frederick J.

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NJ Appellate Division Finds No Private Right of Action for Debt Purchaser’s Alleged Failure to Obtain State License

Troutman Sanders

In 2010, the defendant purchased the account and placed it with a law firm for collection. After receiving letters from the law firm, the plaintiff set up a payment plan, which she completed in 2013. The plaintiff later defaulted on her payment obligations and the account was “charged off.”

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How To Remove Portfolio Recovery From Your Credit Report

Better Credit Blog

In other words, when the original creditor has been unsuccessful in collecting on a debt, it will write off the debt as a loss. There’s a chance some details about your account got lost in the transfer from the original creditor. I suggest you check out Lexington Law. How Portfolio Recovery Associates Works.

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How to Respond to a Debt Collection Attorney

The McHughes Law Firm

It’s important to remember that the unpaid debt has passed through the original creditor to a debt collection attorney. If you lose the lawsuit, or a default judgment is granted, your paychecks may be garnished and bank accounts seized.

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The Limits On Direct And Vicarious Liability Under The FDCPA

FDCPA Defense

Debt buyers are being sued based on the conduct of their agencies and law firms. Even original creditors, who are not subject to the FDCPA, are being drawn into FDCPA litigation under various theories of recovery. For this reason, original creditors are not subject to the FDCPA (except in very limited circumstances).

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Can Recent Enforcement Actions Provide Guidance On The CFPB’s Position On UDAAPs?

FDCPA Defense

One method for identifying areas of potential concern, however, is to analyze the recent enforcement actions by the CFPB and other regulators filed against debt buyers and original creditors. Enforcement actions filed against original creditors can also provide guidance to debt buyers and other collectors about areas of CFPB concern.

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