article thumbnail

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.

article thumbnail

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.

Insiders

Sign Up for our Newsletter

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

article thumbnail

Calif. Appeals Court Upholds Ruling Denying Defendant’s Motion to Compel Arbitration

Account Recovery

article thumbnail

Collector Not Obligated to Notify Creditor of Dispute, Judge Rules

Account Recovery

A District Court judge in Oklahoma has granted a defendant’s motion to dismiss a Fair Debt Collection Practices Act case, ruling the defendant did not violate the statute because it failed to notify the original creditor that the debt had been disputed by the plaintiff.

Creditors 246
article thumbnail

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

Account Recovery

article thumbnail

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.

article thumbnail

Daily Digest – October 3. Collector Not Obligated to Notify Creditor of Dispute; Legal Challenges to Student Loan Debt Cancellation Plan Launched

Account Recovery

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.

article thumbnail

Judge Denies Motion to Compel Arbitration in FDCPA Case

Account Recovery

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.

article thumbnail

Daily Digest – July 15. Judge Denies Motion to Compel in FDCPA Case; Bill Introduced to Require Cost-Benefit Analysis on CFPB Regs

Account Recovery

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.

article thumbnail

NCLC Petitions CFPB For Rule Regulating Credit Reporting by Collectors

Account Recovery

article thumbnail

Daily Digest – January 13. Class Action Accuses Collector of Using Inaccurate Creditor Name; State Court Judge Dismisses Suit for Lack of Standing

Account Recovery

Class Action Accuses Collector of Using Inaccurate Creditor Name; State Court Judge Dismisses Suit for Lack of Standing first appeared on AccountsRecovery.net.

Creditors 246
article thumbnail

Calif. Senate Passes Bill Requiring Additional Disclosures for Collectors, Debt Buyers

Account Recovery

The California state Senate yesterday passed SB 531, a bill that would require the original creditor or owner of a debt to notify a consumer within five days of the sale or assignment of the debt to someone else, while also giving consumers the right to request certain information about a debt from debt collectors, … The post Calif.

article thumbnail

Judge Lowers Attorney’s Fees by 30% in FDCPA Settlement

Account Recovery

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.

article thumbnail

Class-Action Complaint Accuses Collector of Violating FDCPA By Not Explicitly Detailing to Where Disputes Should be Sent

Account Recovery

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.

article thumbnail

Judge Grants MTD in FDCPA Case Due to Lack of Standing

Account Recovery

article thumbnail

Daily Digest – December 27. Judge Grants MTD in FDCPA Class-Action; Florida Asks CFPB to ‘Reevaluate’ Parts of Reg F

Account Recovery

article thumbnail

N.J. Judge Grants MTD in FDCPA Case Even Though Letter Lacked ‘Clarity’

Account Recovery

Compliance FDCPA 1692e 1692f 1692g(a)(2) Creditor Identification Dispute Notice District Court for the District of New Jersey Hughes v.

article thumbnail

Judge Grants Defendant’s Motion for Judgment in FCRA, FDCPA Case

Account Recovery

Judgment 243
article thumbnail

Judge Grants MTD in FDCPA Case Over Dispute Sent to Creditor, Not Collector

Account Recovery

A copy of … The post Judge Grants MTD in FDCPA Case Over Dispute Sent to Creditor, Not Collector appeared first on AccountsRecovery.net.

Creditors 246
article thumbnail

Judge Remands FDCPA Class Back to State Court After Ruling Plaintiff Lacks Standing

Account Recovery

article thumbnail

Appeals Court Affirms Ruling Compelling Arbitration in Debt Buying FDCPA Class Action

Account Recovery

article thumbnail

Judge Grants MTD Over Offer of More Credit in Collection Letter

Account Recovery

Debt collectors are conduits — vessels trying to help original creditors recover unpaid debts. Oftentimes, the creditors will make requests or want certain offers included in letters sent to individuals.

Creditors 246
article thumbnail

Ariz. Judge Grants MTD in FDCPA Class Action Over Credit Reporting Language in Letter

Account Recovery

article thumbnail

CFPB Cracks Down on Convenience Fees Charged By Collectors

Account Recovery

article thumbnail

Daily Digest – June 1. NDCA Judge Grants MTD in FDCPA Case Over Creditor ID in Letter; Sixth Circuit Jumps on Standing Bandwagon

Account Recovery

NDCA Judge Grants MTD in FDCPA Case Over Creditor ID in Letter; Sixth Circuit Jumps on Standing Bandwagon appeared first on AccountsRecovery.net.

Creditors 214
article thumbnail

Appeals Court Affirms Ruling for Defendant in FDCPA Case Over Healthcare Debt

Account Recovery

article thumbnail

Judge Denies Motion to Compel Arbitration in FDCPA, TCPA Class Action

Account Recovery

article thumbnail

Judge Dismisses MTD in FDCPA Case Over Creditor Name in Letter

Account Recovery

Creditors 147
article thumbnail

NDCA Judge Grants MTD in FDCPA Case Over Creditor ID in Letter

Account Recovery

Compliance FDCPA 1692g Creditor Identification District Court for the Northern District of California Judge Yvonne Gonzalez Rogers Lenzini v.

Creditors 147
article thumbnail

Debt Validation Notice Format Recommended by CFPB

Nexa Collect

I want you to send me the name and address of the original creditor. By law, all debt collectors are required to provide at least 30 days to the debtor/consumer to dispute the debt, after the consumer receives (or is assumed to receive) the validation information.

article thumbnail

Debt Collection through Email, SMS and Social Media

Nexa Collect

Collection agencies now insist that their clients (Original creditors) include a paragraph in their legal service agreement which permits that the customers can be contacted (by original creditors or by a collection agency) in case of a late payment/default.

article thumbnail

How Effective Are Collection Agencies?

Nexa Collect

When a debt passes from the original creditor to a collection agency, this escalation often makes debtors pay attention. There’s an implied threat when an agency gets involved that doesn’t exist with the original creditor. Most creditors are unaware of these.

article thumbnail

How Effective Are Collection Agencies?

Nexa Collect

When a debt passes from the original creditor to a collection agency, this escalation often makes debtors pay attention. There’s an implied threat when an agency gets involved that doesn’t exist with the original creditor. Most creditors are unaware of these.

article thumbnail

What New Debt Collector Rules Mean for You

Nerd Wallet

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. The article What New Debt Collector Rules Mean for You originally appeared on NerdWallet.

article thumbnail

Allowing Clients to Hear Debt Collection Calls: Is it ok?

Nexa Collect

Say you are a collection agency, and your client (the original creditor) contacts you to tell that they have received a complaint from the debtor telling that your debt collector was very rude over the phone or felt threatened.

Debtor 130