Account Recovery

FEBRUARY 19, 2025

The background: The plaintiff, a consumer who made mortgage payments through an online payment service, filed a class action lawsuit against the defendant, a loan servicer, alleging that the $5 convenience fee charged per payment violated multiple California consumer protection laws including the Rosenthal Fair Debt Collection Practices Act.

Accrued Interest 130

Accrued Interest Fair Debt Collection Loans Collections 130

Troutman Sanders

JULY 23, 2021

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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Judgment Debt collector Accrued Interest Fair Debt Collection 52

Troutman Sanders

JANUARY 11, 2021

On December 15, 2020, the Seventh Circuit Court of Appeals decided four cases which all dealt with the issue of standing within the context of the Fair Debt Collection Practices Act (“FDCPA”).

Accrued Interest 52

Accrued Interest Judgment Fair Debt Collection Law Firms 52

Troutman Sanders

NOVEMBER 11, 2020

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 Recovery Servs.,

Debt collector 59

Debt collector Accrued Interest Trade Fair Debt Collection 59

Troutman Sanders

APRIL 22, 2021

After Randy Hopkins allegedly failed to pay a bill, the account was referred to collections. The letter identified interest and collection costs as “$0.00” for each, leaving the total balance the same as the principal. Collecto, Inc. ,

Debtor 52

Debtor Debt collector Accrued Interest Collections 52

Troutman Sanders

SEPTEMBER 6, 2023

In a subsequent letter, the agency stated that the principal was accruing interest at the rate of 12%, which was followed by an email stating that the rate was 8%, which was followed by another letter stating that the rate was again 12%. A number of communications also included conflicting interest calculations.

Accrued Interest 52

Accrued Interest Collection Agencies Collections Agency Fair Debt Collection 52

FDCPA Defense

FEBRUARY 1, 2018

Attorneys and other entities that regularly engage in collection work for community associations may be subject to the requirements of the Fair Debt Collection Practices Act, 15 U.S.C. as well as analogous state laws governing the consumer collection process.

Accrued Interest 40

Accrued Interest Foreclosure Debtor Debt collector 40