Account Recovery

AUGUST 27, 2021

It might not be a Hunstein case, but a District Court judge in Missouri has granted a defendant’s motion for judgment on the pleadings after it was sued for allegedly violating the Fair Debt Collection Practices Act by disclosing the existence of a debt to a third party — in this case a bankruptcy attorney … The post Judge Rules for (..)

Fair Debt Collection 246

Fair Debt Collection Bankruptcy Judgment Collections 246

Account Recovery

AUGUST 14, 2020

A District Court judge in Florida has granted a defendant’s motion to dismiss after it was sued for violating the Fair Debt Collection Practices Act because it lumped the principal, interest, fees, and expenses it was owed into one amount when filing a proof of claim after the plaintiff filed for bankruptcy protection.

Fair Debt Collection 246

Fair Debt Collection Bankruptcy Collections 246

Account Recovery

MAY 10, 2022

A complaint has been filed in California accusing a collector of violating the Fair Debt Collection Practices Act and Regulation F by attempting to collect a debt through calls and text messages to the plaintiff’s cell phone after consent had been revoked and after the debt in question had been discharged during bankruptcy proceedings.

Fair Debt Collection 246

Fair Debt Collection Collections Bankruptcy 246

Account Recovery

OCTOBER 12, 2021

An interesting Fair Debt Collection Practices Act case out of Minnesota involving a creditor who mis-spelled a customer’s first and last name incorrectly when placing the account with a law firm for collection, a customer who changed her name before filing for bankruptcy protection, and a law firm that may or may not do enough … The post (..)

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Law Firms Fair Debt Collection Bankruptcy Creditors 242

Account Recovery

JUNE 8, 2021

A Magistrate Court judge in Indiana has partially granted a defendant’s motion for summary judgment, but denied other claims it violated the Fair Debt Collection Practices Act by sending a collection letter to individuals who had filed for bankruptcy protection and had requested that the defendant stop communicating with them.

Fair Debt Collection 243

Fair Debt Collection Bankruptcy Judgment Collections 243

Account Recovery

OCTOBER 12, 2021

JUDGE GRANTS MSJ FOR DEFENDANT IN FDCPA CASE OVER MIS-IDENTIFIED CONSUMER An interesting Fair Debt Collection Practices Act case out of Minnesota involving a creditor who mis-spelled a customer’s first and last name incorrectly when placing the account with a law firm for collection, a customer who changed her name before filing for bankruptcy protection, (..)

Fair Debt Collection 244

Fair Debt Collection Law Firms Collections Bankruptcy 244

Account Recovery

JULY 20, 2022

A District Court judge in Alabama has ruled that a debt collector that outsourced the scrubbing of its accounts for bankruptcy filings is not entitled to the Fair Debt Collection Practices Act’s bona fide error defense and that the requirement of including the mini-Miranda notice in any communication thus turns any communication into an attempt (..)

Fair Debt Collection 242

Fair Debt Collection Debt collector Bankruptcy Collections 242

Account Recovery

OCTOBER 26, 2021

JUDGE DENIES DEFENDANT’S MOTION IN FDCPA BANKRUPTCY CASE A District Court judge in Florida has denied a defendant’s motion for judgment on the pleadings in a Fair Debt Collection Practices Act case for allegedly disregarded cease-and-desist letters sent by an individual after receiving text messages and collection letters from the defendant while (..)

Creditors 246

Creditors Fair Debt Collection Collections Bankruptcy 246

Account Recovery

JULY 26, 2022

JUDGE GRANTS MTD IN FDCPA CASE OVER CALLS MADE POST-BK FILING A District Court judge in Illinois has granted a defendant’s motion to dismiss a Fair Debt Collection Practices Act case, ruling that the plaintiff lacked standing to sue after being called three times by the defendant following the plaintiff filing for bankruptcy protection.

Fair Debt Collection 245

Fair Debt Collection Bankruptcy Collections 245

Account Recovery

MAY 28, 2024

A District Court judge in Minnesota has denied motions to dismiss filed by the defendants in a case involving alleged violations of the Fair Debt Collection Practices Act and the automatic stay provision of the Bankruptcy Code. Catherine University, was subjected to a collection action by […]

Bankruptcy 130

Bankruptcy Fair Debt Collection Collections 130

Account Recovery

DECEMBER 11, 2020

Judge Grants MTD in FDCPA Case; Bankruptcy Overhaul Bill Introduced appeared first on AccountsRecovery.net.

Bankruptcy 147

Bankruptcy Fair Debt Collection Creditors Collections 147

Account Recovery

DECEMBER 30, 2024

Judge Dismisses FCRA, FDCPA Case Over ID Theft Claims A District Court Judge in Washington has granted a motion to dismiss filed by all the defendants in a Fair Credit Reporting Act and Fair Debt Collection Practices Act case, ruling that the plaintiff failed to adequately allege that the defendants actions were impermissible under the law.

Fair Debt Collection 130

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Account Recovery

AUGUST 13, 2024

A District Court judge in Illinois has dismissed the remaining claim in a Fair Debt Collection Practices Act case against a defendant, citing a lack of subject matter jurisdiction because the plaintiff lacked standing to sue.

Fair Debt Collection 130

Fair Debt Collection Bankruptcy Collections 130

Account Recovery

JULY 15, 2024

The Court of Appeals for the Seventh Circuit has upheld rulings in favor of the defendants who were sued by a consumer for allegedly violating the Fair Credit Reporting Act and the Fair Debt Collection Practices Act when they reported a loan as delinquent after it had been cured during the bankruptcy process, ruling that […]

Fair Debt Collection 130

Fair Debt Collection Bankruptcy Loans Collections 130

Account Recovery

SEPTEMBER 23, 2024

In 2012, the primary borrower filed for Chapter 13 bankruptcy protection, listing the defendant trusts as creditors for the student loans. The bankruptcy plan was confirmed, and the trusts filed proofs of claims which were not objected to by the plaintiffs. The ruling: U.S. District Judge Robert J.

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Student Loans Student loans Chapter 13 bankruptcy Loans 130

Account Recovery

APRIL 5, 2022

The Court of Appeals for the Third Circuit has affirmed the dismissal of a Fair Debt Collection Practices Act case against a student loan servicer for continuing to attempt to collect a student loan debt after it had been discharged in bankruptcy because the plaintiff failed to follow the proper procedure.

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Student Loans Student loans Loans Fair Debt Collection 130

Account Recovery

AUGUST 20, 2024

The defendant failed to present evidence it performed a bankruptcy search on the plaintiff’s records, the plaintiff claimed. The Background: Back in 2021, the plaintiff accused the defendant of violating the FDCPA. Learn More.

Fair Debt Collection 130

Fair Debt Collection Bankruptcy Judgment Collections 130

Account Recovery

JULY 24, 2023

A District Court judge in Pennsylvania — at the behest of the Court of Appeals for the Third Circuit — has ruled a plaintiff has standing to pursue a Fair Debt Collection Practices Act case against a collector, determining that feeling “overwhelmed” and making the decision to file for bankruptcy protection, and has allowed the (..)

Fair Debt Collection 130

Fair Debt Collection Bankruptcy Collections 130

Account Recovery

JULY 17, 2023

The Court of Appeals for the Ninth Circuit has partially affirmed the dismissal of a Fair Debt Collection Practices Act case — determining that an individual who has had loans discharged in bankruptcy cannot subsequently accuse a collector of violating the statute — but also reversed the dismissal of claims based on the FDCPA’s one-year (..)

Fair Debt Collection 130

Fair Debt Collection Bankruptcy Loans Collections 130

Account Recovery

JULY 14, 2023

The Consumer Financial Protection Bureau, in conjunction with 11 different state attorneys general and regulators yesterday filed suit against Prehired, a vocational training program, for violating the Fair Debt Collection Practices Act among other laws.

Fair Debt Collection 130

Fair Debt Collection Collections Bankruptcy 130

Account Recovery

DECEMBER 21, 2023

A District Court judge in Ohio has granted a defendant’s motion for summary judgment in a Fair Debt Collection Practices Act case because the plaintiff failed to disclose this suit when she filed for bankruptcy protection. […]

Fair Debt Collection 130

Fair Debt Collection Bankruptcy Judgment Collections 130

Account Recovery

AUGUST 13, 2024

A District Court judge in Illinois has dismissed the remaining claim in a Fair Debt Collection Practices Act case against a defendant, citing a lack of subject matter jurisdiction because the plaintiff lacked standing to sue.

Bankruptcy 130

Bankruptcy Fair Debt Collection Law Firms Collection Agencies 130

Account Recovery

SEPTEMBER 25, 2024

After falling behind on his mortgage payments due to a reduction in income, the plaintiff entered bankruptcy proceedings and eventually settled his arrearages. However, the defendant continued to charge the plaintiff for “recoverable corporate advances,” fees the plaintiff argues he had already paid through his bankruptcy settlement.

Fair Debt Collection 130

Fair Debt Collection Bankruptcy Debt collector Collections 130

Burt and Associates

SEPTEMBER 23, 2024

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. The Act aims to curb these practices and protect consumers.

Fair Debt Collection 52

Fair Debt Collection Debt collector Collections Debt Recovery 52

Burt and Associates

SEPTEMBER 23, 2024

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. The Act aims to curb these practices and protect consumers.

Fair Debt Collection 52

Fair Debt Collection Debt collector Collections Debt Recovery 52

Account Recovery

APRIL 27, 2023

The Court of Appeals for the Seventh Circuit has affirmed the dismissal of a Fair Debt Collection Practices Act case because the plaintiff lacked standing to sue, but one of the three judges wrote a dissenting opinion arguing that receiving collection letters from the defendant after having the debt discharged in bankruptcy is enough for … The (..)

Fair Debt Collection 130

Fair Debt Collection Bankruptcy Collections 130

Sawin & Shea

JUNE 25, 2020

After you file for bankruptcy, it is illegal for your creditors to continue contacting you and asking for payments. However, after you file for bankruptcy, your creditors must halt all contact and stop trying to collect payments from you. If I Filed for Bankruptcy but a Creditor Keeps Contacting Me, Now What?

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Creditors Bankruptcy Debtor Fair Debt Collection 119

Roths Child Law

NOVEMBER 7, 2020

Defendant debt collector Santander Consumer USA Holdings ultimately prevailed because it was not collecting money on behalf of a third party. Debt obtained from bankrupted finance company. Santander bought the debt from a financier going through bankruptcy, which made Santander the owner of the debt.

Third-party Debt Collectors 98

Third-party Debt Collectors Debt collector Collections Fair Debt Collection 98

Account Recovery

FEBRUARY 23, 2024

A Magistrate Court judge in Illinois has denied competing summary judgment motions in a Fair Debt Collection Practices Act case, ruling the plaintiff failed to follow proper procedure and that the defendant is not entitled to the FDCPA’s bona fide error defense that it initiated collection activity on a debt that had been discharged in […] (..)

Judgment 147

Judgment Fair Debt Collection Collections Bankruptcy 147

Debt Free Colorado

FEBRUARY 21, 2022

Debt Relief Attorney Serving Colorado. Bankruptcy may appear to be a scary process, but it does not have to be. Dray Legal Office’s attorneys will endeavor to help you obtain a fresh start by eliminating debt and reorganizing your finances. Does Colorado Law Protect Me From Debt Collectors?

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Debt collector Fair Debt Collection Collection Agencies Collections Agency 98

Mich Bankruptcy Blog

MARCH 23, 2023

Sixth Circuit Court of Appeals issued a decision with important implications for parties involved in debt collections regulated under the Fair Debt Collection Practices Act (FDCPA) [1]. On March 1, 2023, the U.S. The decision, in Bouye v.

Fair Debt Collection 52

Fair Debt Collection Collections 52

Collection Industry News

SEPTEMBER 2, 2024

The Fair Debt Collection Practices Act (FDCPA) serves as a foundational piece of legislation protecting consumers from abusive debt collection practices. For businesses looking to streamline their debt collection process, adhering to FDCPA guidelines is essential for long-term success.

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Fair Debt Collection Debt collector Collections Acquisition 40

Sawin & Shea

FEBRUARY 1, 2023

The time period leading up to filing for bankruptcy is extremely stressful, as you know. Who knows how to get debt collectors to stop calling after bankruptcy? How long after filing for bankruptcy do collectors keep calling? You may be hearing from creditors who will not be affected by your bankruptcy.

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Debt collector Bankruptcy Creditors Student Loans 64

Collections Law

FEBRUARY 26, 2025

Time is of the essence when collecting debts. Debtors may dissipate assets or file for bankruptcy, leaving you with little recourse. Mistake #2: Lack of proper documentation Proper documentation is essential in debt collection. Mistake #1: Failing to act promptly One of the biggest mistakes is delaying action.

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Collections Commercial Collection Lawyers Fair Debt Collection 52

Account Recovery

OCTOBER 7, 2024

First, it supports the notion that not all failed collection litigation should result in an FDCPA claim. Second, the court rejected the consumers’ shape-shifting positions from the bankruptcy court to the district court, correctly holding they were precluded from taking positions contrary to those from which they previously benefitted.

Debt collector 130

Debt collector Law Firms Fair Debt Collection Student Loans 130

Account Recovery

AUGUST 26, 2024

Judge Dismisses Remaining FDCPA Claim in BK Case A District Court judge in Illinois has dismissed the remaining claim in a Fair Debt Collection Practices Act case against a defendant, citing a lack of subject matter jurisdiction because the plaintiff lacked standing to sue.

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Garnishment Fair Debt Collection Judgment Law Firms 130

Troutman Sanders

JANUARY 20, 2023

Creditors and debt collectors may rest assured that they are not violating the Fair Debt Collection Practices Act (FDCPA) when sending debt-collection communications prior to any knowledge of a debtor’s bankruptcy filing. CICA Collection Agency, Inc. , In Carrasquillo v.

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Bankruptcy Debt collector Debtor Collection Agencies 59