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No License? No Standing! District Court Dismisses FDCPA Suit Against Unlicensed Debt Collector For Lack Of Standing

Troutman Sanders

On January 4, the District Court of New Jersey dismissed a Fair Debt Collection Practices Act (FDCPA) complaint against an unlicensed debt collector for lack of standing. the court held that merely receiving a letter from an unlicensed debt collector is insufficient to establish a concrete injury for Article III purposes.

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Successors by Merger May Not be Debt Collectors

Consumer Financial Services Law

A recent decision from a Louisiana district court should provide some comfort to banks and other financial institutions who acquire other entities by merger – at least in the Fifth Circuit, they are not debt collectors. As most know, Bank of America (BoA) acquired Countrywide Bank FSB and its mortgage portfolio in 2008. In Jackson v.

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Third Circuit Broadens Definition of “Debt Collector” under FDCPA to Include Entities That Acquire Debt but Outsource Collection of That Debt

Consumer Finance Watch

1718 (2017) and rejected the defendant’s argument that Henson renders it a creditor rather than a debt collector because “its principal purpose is the acquisition—not the collection” of debt. Specifically, Barbato expanded the Supreme Court’s holding in Henson v. Santander Consumer USA , 137 S.

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Meet some Buffalo debt collectors accused of unlawful practices

Collection Industry News

In 2018, Homeland Security Investigations agents got a search warrant and seized $242,088 from Nocera’s business and personal bank accounts, after convincing a judge there was probable cause to believe the funds were derived from unlawful debt collecting and wire fraud.

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2024 FDCPA: Key Updates to the Fair Debt Collection Practices Act

Burt and Associates

The Fair Debt Collection Practices Act ( FDCPA ) is a cornerstone of consumer protection laws in the United States. It ensures that debt collectors adhere to specific ethical and legal standards when pursuing debts. Accurate Representation Debt collectors must be truthful about the nature of the debt.

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2024 FDCPA: Key Updates to the Fair Debt Collection Practices Act

Burt and Associates

The Fair Debt Collection Practices Act ( FDCPA ) is a cornerstone of consumer protection laws in the United States. It ensures that debt collectors adhere to specific ethical and legal standards when pursuing debts. Accurate Representation Debt collectors must be truthful about the nature of the debt.

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Legal & Compliance Webinar Recap: Key 2024 Takeaways That Impact the Collections Industry in 2025

True Accord

The Department of Justice (DOJ) revised their Evaluation of Corporate Compliance Programs to include new areas of focus like technology risk, merger and acquisition integration, and additional questions related to autonomy and resource allocation and anti-retaliation programs.