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CFPB Weighs in On the Side of the Debt Collector in FDCPA Dispute Over $0.00 in Interest and Fees

Troutman Sanders

Recently, the Consumer Financial Protection Bureau filed an Amicus Curiae brief in the United States Court of Appeals for the Third Circuit addressing whether a debt collector violates the Fair Debt Collection Practices Act by accurately stating that it is seeking to collect $0.00 2:19-cv-18661 (2020)(Case No.

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Third Circuit Affirms Motion to Dismiss FDCPA Claim Over Itemization of “$0.00” in Interest and Collection Charges

Troutman Sanders

After Randy Hopkins allegedly failed to pay a bill, the account was referred to collections. The debt collector sent Hopkins a letter that itemized the principal balance, interest, fees and collection costs, and a total balance due. in interest and fees.” Collecto, Inc. , 3d 413, 419 (3d Cir.

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Can I Settle My Credit Card Debt Myself?

Titan Consulting

Professional debt settlement companies can help you negotiate debt for less than the full balance owed if you find the process intimidating or overwhelming. A growing stack of bills collects and grows bigger each week. It is possible to a DIY approach to debt settlement. When to Get Professional Help Settling Your Debts?

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Second Circuit Seeks to Provide Clarity as to Interest Disclosure

Consumer Financial Services Law

In Taylor, the issue before the court was whether a collection notice violates 15 U.S.C. 1692e when it fails to disclose that interest or fees are not currently accruing on a debt. In Taylor, the creditor instructed the debt collector not to accrue interest of fees on the debts at issue.

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Avila Safe Harbor Language: New York District Court Grants Motion for Judgment on the Pleadings for Defendant in FDCPA Case

Troutman Sanders

Forster & Garbus LLP , a New York district court granted the defendant debt collector’s motion for judgment on the pleadings and denied the plaintiff’s request to amend his complaint in a Fair Debt Collection Practices Act (FDCPA) case. In its holding, the court emphasized that, pursuant to the holding in Avila v.

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Hopefully the End of the Debt Itemization Circus? 7th Cir. and CFPB Side with Debt Collector

Collection Industry News

This time, with the CFPB filing an amici brief that, in impact, sides with the debt collector. In DeGroot , the plaintiff defaulted on a debt owed to Capital One. Through the account’s lifetime, it was placed with two separate debt collection agencies. collection efforts concerning your account.

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What Happens If You Ignore Your Student Loans?

Credit Corp

Ignoring student loans can damage your credit score, lead to wage garnishment, and accrue interest and fees. Student loan debt in the United States stands at $1.727 trillion as of 2023. The repayment process may seem overwhelming if you’re among the more than 43 million borrowers with outstanding student loan debt.