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.

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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

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 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.

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.

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

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.

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

Account Recovery

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

Account Recovery

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

Account Recovery

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.

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.

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

Account Recovery

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.

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.

What Should You Know If You Have Debts In Collections?

Taurus Collect

Having debts in the collection primarily means that a third party is pursuing you to retrieve payments for your debts on behalf of your creditors. However, if you are worried that you may be dealing with a scammer, consider asking for the original creditor’s company name and contact details.

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.

The 4-1-1 on the Consumer Credit Fairness Act

Payment Savvy

Signed into law on November 8, 2021, by Governor Kathy Hochul, the Act has significant ramifications for debt collection lawsuits filed in New York state courts by both creditors and third-party debt collectors alike.

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.

Sample Letters to Creditors

Better Credit Blog

Repairing your credit could mean writing a lot of letters to creditors and the three credit bureaus — dispute letters, debt validation letters, goodwill letters. original creditor or name of collection agency if the account was sold]. creditor address].

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.

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.

3 Ways To Remove Charge-Offs From Your Credit Report

Better Credit Blog

Here are 3 proven methods to remove a charge-off from your credit report: Negotiate A “Pay for Delete” & Pay The Creditor To Delete The Charge-Off. Offer To Pay The Creditor To Delete The Charge-Off. Some creditors will claim they can’t legally remove the charge-off.

4 Ways To Remove Collections From Your Credit Report

Better Credit Blog

When your original creditor can’t collect your past-due balance, it’ll sell your debt to a debt collection agency which means you now owe the money to the agency. It may pay only a fraction of what you owed on your original debt.

Common Myths About Using a Collection Agency

Credit Management Company

Myths About Using a Collection Agency: Paying the Original Creditor to Bypass Agencies. Many people believe they can get around dealing with debt collection agencies by paying their original creditors directly.

Helpful Debt collection FAQs

Taurus Collect

Sometimes, such agencies act as intermediaries to collect delinquent debts from customers at least 60 days past and remit them to original creditors. Debt collection is a legitimate business that can involve challenging & confusing issues.

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.

Plaintiff’s Confusion Over Debt Collection Letter Is Not Enough to Create Standing to Assert an FDCPA Claim

Troutman Sanders

This letter indicated that Diverse Funding was now creditor to whom the debt was owed but further stated, “[t]he original creditor was. In Whitfield v. Contract Callers, Inc. Civil Action No. RDB-21-1540 (D.

Can Debt Collectors Contact Consumers by Email or Text Message in 2021?

Direct Recovery

The original version of the FDCPA is notoriously exclusive to contact by phone, which left all of the other forms of communication available to collection agents in 2021 open to interpretation. The Type of Creditor Still Matters. Remember the Original FDCPA Rights.