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 (..)

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Creditors Fair Debt Collection Collections Bankruptcy 246

Account Recovery

DECEMBER 30, 2024

A pro se consumer had managed to get a 3-judge panel of the Court of Appeals to reverse (in a 2-1 decision) lower court rulings finding that PRA had established its standing to sue and its ownership of the debtors account in the underlying collection action, and judgment in its favor on the debt. More details here.

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Account Recovery

MAY 13, 2025

Court Denies Motion to Dismiss in FCRA Case Over Disputed Credit Reporting A District Court judge in Kentucky has denied a defendants motions to dismiss and for summary judgment in a Fair Credit Reporting Act case over the accuracy of information that was furnished to the credit reporting agencies. More details here.

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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 […] (..)

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Judgment Fair Debt Collection Collections Bankruptcy 147

Account Recovery

AUGUST 20, 2024

Both sides moved for summary judgment, which were both denied. 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.

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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. […]

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Fair Debt Collection Bankruptcy Judgment Collections 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. More details here.

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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.

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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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Troutman Sanders

JUNE 16, 2021

Med-1 Solutions LLC , an Indiana district court granted partial summary judgment for the defendant in a Fair Debt Collection Practices Act (FDCPA) case. At the time it received the notice of the plaintiff’s bankruptcy petition, the defendant did not have any active accounts for collection regarding the plaintiff.

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Judgment Debt collector Bankruptcy Fair Debt Collection 52

Credit Corp

MARCH 12, 2025

Table of contents: Respond to the lawsuit Make the debt collector prove their case Ways to deescalate Consider defense Options File a motion to compel arbitration Step 1: Respond to the Lawsuit Although it may be tempting, do not ignore the “ Summons and Complaint ” document.

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Sawin & Shea

SEPTEMBER 27, 2023

Filing for bankruptcy can provide you with a much-needed second chance when it comes to your finances. If you are a victim of debt collector harassment, it’s important to know the debt collection laws, and consider your options for debt relief. What is Chapter 7 Bankruptcy?

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Account Recovery

SEPTEMBER 23, 2024

WHAT THIS MEANS, FROM SARAH DOERR OF MOSS & BARNETT: The Ahaghotu decision confirms that CRAs can rely on and disclose that which is already in the public domain, e.g. bankruptcy filings, without fear of FCRA exposure. More details here.

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Troutman Sanders

FEBRUARY 28, 2023

The plaintiff alleged the letter included language that overshadowed the statutorily-mandated validation notice and falsely represented or implied that an attorney had meaningfully reviewed the letter in violation of multiple provisions of the Fair Debt Collection Practices Act (FDCPA).

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The Kaplan Group

OCTOBER 19, 2020

FDCPA ( Fair Debt Collection Practices Act). The Fair Debt Collection Practices Act (FDCPA) is a federal law that restricts the behavior of collection agencies when they are attempting to collect money from individuals. Debt Settlement Services. Statute of Limitations.

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Collection Industry News

DECEMBER 21, 2020

Court of Appeals for the Ninth Circuit recently reversed an award of summary judgment in favor of a defendant debt collector against claims that it violated the federal Fair Debt Collection Practices Act (FDCPA) by attempting to collect a debt that was discharged in bankruptcy and no longer owed.

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Troutman Sanders

MARCH 26, 2021

The plaintiff, an individual consumer, filed a chapter 7 bankruptcy petition, including in his schedules a debt for past-due rent for a former apartment. The bankruptcy was a matter of public record and was listed on his credit reports. The plaintiff filed a lawsuit against the defendant in the U.S. 1692, et seq.

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Troutman Sanders

JANUARY 12, 2023

Under the settlement agreement, the law firm agreed to obtain proper supporting documents before filing collection lawsuits and also to pay a $100,000 civil penalty. The conduct provisions in the Stipulated Final Judgment and Order look substantially similar to those in the Hanna and Pressler cases previously entered into by the CFPB.

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Better Credit Blog

MARCH 2, 2021

Collections agencies tend to get negative reviews from consumers who’ve dealt with them. Unvalidated debts. If you aren’t familiar with the Fair Debt Collection Practices Act and how it can work in your favor, a collector may violate your rights without your knowledge. Harassment. Identity fraud. Hard inquiries.

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Collection Industry News

SEPTEMBER 23, 2020

Default Judgments in Debt Collection Cases. Many consumers who are sued for outstanding debts do nothing, and that is generally a big mistake. The survey data showed that more than 70% of debt collection suits ended in default judgments. Filing bankruptcy. That is 20 years!

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Taurus Collect

NOVEMBER 15, 2023

Regulations around debt collection are strict, and experts from no cure no pay debt collection UK are here to help you navigate these waters. In this post, we will explore the rights and regulations governing debt collection in the UK. Dispute Unrecognised Debts: If you do not recognise a debt, dispute it.

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Debt collector Fair Debt Collection Collections Agency Collection Agencies 52

Better Credit Blog

OCTOBER 30, 2020

They can help you recover from a range of credit-related issues, such as: Collections. Bankruptcy. They’ll also help to ensure that debt collectors stay within the bounds of the FDCPA. With a credit repair company on your side, you don’t have to worry about the hassle of writing debt collectors and negotiating payments.

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Debt collector Third-party Debt Collectors Collections Agency Collection Agencies 86

Better Credit Blog

NOVEMBER 17, 2020

Whether you’re merely trying to settle up with debt collectors or you have more serious issues like bankruptcy, judgments, or liens, credit repair services can be well worth the expense. When it comes to dealing with debt collectors, it’s important to understand the Fair Debt Collection Practices Act.

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Debt collector Collections Agency Collection Agencies Third-party Debt Collectors 84

Direct Recovery

APRIL 18, 2023

The commercial debt collection process typically involves everything from communicating with debtors about the amounts owed and negotiating payment terms to pursuing legal action and obtaining a judgment against a debtor and garnishing their wages. In most cases, they do not apply to business debts.

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Collection Industry News

APRIL 25, 2023

This may also vary depending, for instance, on the: Type of debt State where you live State law named in your credit agreement If you’re sued by a debt collector and the debt is too old, you may have a defense to the lawsuit. When does the statute of limitations period begin?

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Troutman Sanders

JULY 17, 2023

According to the FTC, the agency is empowered to enforce the provisions of the GLBA “in the same manner and with the same power and authority as the [FTC] has under the Fair Debt Collections Practices Act [FDCPA] ….” In Celsius’ bankruptcy proceeding, the FTC has filed a nondischargeable, general unsecured claim of $4.72

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Better Credit Blog

OCTOBER 2, 2020

Write a debt validation letter. Write a Debt Validation Letter. According to the Fair Debt Collection Practices Act , a debt collector can’t require payment from you without first validating your debt. Credit repair companies also help out with issues like: Bankruptcy. Pre-collections.

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Better Credit Blog

FEBRUARY 17, 2021

Some of the most common complaints waged against collections agencies have to do with their aggressive collection strategies, reporting issues, and inadequate responses to debt validation requests. Fortunately, you are protected against issues like the one cited above by the Fair Debt Collection Practices Act.

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Better Credit Blog

FEBRUARY 15, 2021

Many complaints are centered around reporting errors, harassment, and failure to respond to debt validation requests. Because these issues are frequent with collection agencies like Fairway Collections, you should understand your rights under the Fair Debt Collection Practices Act. Charge-offs. Foreclosure.

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Better Credit Blog

OCTOBER 7, 2020

Ask for Proof with a Debt Validation Letter. The first and best way to get AMCOL deleted from your report is to ask for proof of your debt. The Fair Debt Collection Practices Act states that debt collectors have to provide you with documentation showing that the debt is yours, as long as you request the info in a timely manner.

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Better Credit Blog

OCTOBER 5, 2020

Try out one of the approaches below, and you could be collections-free in a few weeks. Get your debt validated. Get Your Debt Validated. The Fair Debt Collection Practices Act is great for a lot of reasons, one being that it requires collections agencies to present proof of a debt before you’re required to make a payment.

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Better Credit Blog

FEBRUARY 4, 2021

Many people don’t realize that they are protected by the Fair Debt Collection Practices Act. The FDCPA gives debt collectors clear guidelines for dealing with customers, including the ones below: Debt collectors can only call between 8 a.m. Bankruptcy. Identity fraud. Foreclosures. Poor payment history.

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Better Credit Blog

NOVEMBER 4, 2020

More importantly, they can help you get to the bottom of your more complicated credit problems, whether you have a slew of late payments, you’re recovering from bankruptcy, or there are judgments against you. Before you attempt to confront RCS, it’s important to understand the basics of the Fair Debt Collection Practices Act.

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Debt collector Third-party Debt Collectors Collections Agency Collection Agencies 67

Better Credit Blog

FEBRUARY 2, 2021

To get an idea of customers’ experiences with BGE Collections, take a look at the Better Business Bureau and the Consumer Financial Protection Bureau. You should also educate yourself on the basics of the Fair Debt Collection Practices Act before reaching out to BGE Collections. Foreclosure. Repossession.

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Better Credit Blog

FEBRUARY 24, 2021

If you’ve fallen behind on payments in an industry like one of the ones listed below, it could be to blame for the collections entry on your report: Bank credit cards. Whenever a lender or company like your phone or internet provider doesn’t receive a payment from you, they may eventually hire a collections agency for assistance.

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Better Credit Blog

FEBRUARY 5, 2021

Collections agencies are often the subject of complaints surrounding their faulty reporting and aggressive tactics. You should also read up on the Fair Debt Collection Practices Act. This act was written to protect consumers from abusive debt collection practices and to ensure accurate reporting. Bankruptcy.

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Better Credit Blog

DECEMBER 2, 2020

Some complaints are concerned with the agency’s failure to respond to requests for debt validation and their faulty reporting. In light of those complaints, it’s important to understand the rights granted to you by the Fair Debt Collection Practices Act. Send a debt validation letter. Send a Debt Validation Letter.

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