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

Account Recovery

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.

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

Account Recovery

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.

Daily Digest – October 5. ‘Misleading’ Disputes Lead to MSJ For Defendant; Groups Want Medical Debts Removed from Credit Reports

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MULTIPLE ‘MISLEADING’ DISPUTES LEADS JUDGE TO GRANT MSJ FOR DEFENDANT IN FCRA, FDCPA CASE After making several attempts to dispute a debt with the original creditor, the defendant, and the credit reporting agencies, the plaintiff filed suit, alleging violations of the FCRA and FDCPA.

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.

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

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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.

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.

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.

CFPB Cracks Down on Convenience Fees Charged By Collectors

Account Recovery

Judge Grants MTD in FDCPA Case Due to Lack of Standing

Account Recovery

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

Account Recovery

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.

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.

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.

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

Account Recovery

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

Account Recovery

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.

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

Account Recovery

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

Account Recovery

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

Account Recovery

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

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

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

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Judge Dismisses MTD in FDCPA Case Over Creditor Name in Letter

Account Recovery

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.

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.

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.

California Requests Feedback on Proposed Debt Collection Regulations Impacting Licensing, Reporting, and Records

Troutman Sanders

On July 15, the California Department of Financial Protection and Innovation (DFPI) issued an invitation for comments on proposed additions to regulations implementing the Debt Collection Licensing Act (DCLA).

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.

What is Commercial Debt?

Debt RR

Due to this, the original creditors will reach out to you to obtain their due payments. Determine if you have any debts that were already sold off or long-forgotten bills (“zombie debts”) that the creditor revived. Review your own records to determine who the creditor is and whether the debt is past the statute of limitations. If you owe a debt, set up a payment plan where you make regular, affordable payments or settle the debt for less than what you originally owed.

Dealing with Debt Collectors

Debt Free Colorado

The Fair Debt Collection Practices Act (FDCPA) does not apply to original creditors or cover company obligations. It mandates that debt collectors post a bond to pay the amount owed to the creditor for whom they are collecting. Debt Relief Attorney Serving Colorado.

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.

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.

New York Significantly Changes Debt Collection Lawsuits

Collection Industry News

New York recently enacted Senate Bill (SB) 153 , the Consumer Credit Fairness Act, significantly impacting debt collection lawsuits filed by creditors or debt collectors. Third party debt collectors must submit supporting affidavits from the original creditor and any prior assignors, with a witness to verify the debt’s chain of title. Source: site.

New York Enacts Consumer Credit Fairness Act, Amending Civil Practice Law and Rules and the Judiciary Law

Troutman Sanders

The Act amends provisions of New York’s Civil Practice Law and Rules, commonly referred to as the CPLR, and the Judiciary Law to require original creditors and third-party debt collectors to include certain information and documents when filing and prosecuting debt collection actions.