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Class Action Accuses Collector of Using Inaccurate Name of Original Creditor

Account Recovery

Call … The post Class Action Accuses Collector of Using Inaccurate Name of Original Creditor first appeared on AccountsRecovery.net. The post Class Action Accuses Collector of Using Inaccurate Name of Original Creditor appeared first on AccountsRecovery.net. Want to learn more?

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FCRA Claim for “Misleading” Double-Reporting of Debt by Original Creditor and Collection Agency Survives Motion to Dismiss

Troutman Sanders

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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Training Bytes: What should a collector do when the consumer is unhappy with the services provided by the original creditor?

Account Recovery

See all the Training Bytes videos by clicking here.

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Washington Appeals Court Overturns Ruling for Collector on Charity Care Disclosure

Account Recovery

The Washington Court of Appeals has overturned a lower court’s ruling in favor of a collection operation that was sued because the original creditor — a healthcare provider — did not screen the plaintiff to see if he was eligible for charity care, but there is a lot of back-and-forth between both sides over the […]

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Dismissal of Collection Lawsuit Not Enough for Plaintiff to Pursue FDCPA Suit

Account Recovery

Winning a collection lawsuit because the judge ruled there was not a sufficient chain of custody to prove the account was transferred by the original creditor to the entity purchasing the account is not enough evidence that a juror could use to conclude a false statement was made, ruled a District Court judge in Pennsylvania, … The post Dismissal (..)

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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. A copy of the ruling in the case of Billups v.

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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.