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Compliance Digest – February 18

Account Recovery

THE COMPLIANCE DIGEST IS SPONSORED BY: BK Filings Surge in 2024, Continuing Rebound from Historic Lows Total bankruptcy filings jumped 14.2% WHAT THIS MEANS, FROM LAURIE NELSON OF PAYMENT VISION: The surge in bankruptcy filings in 2024 presents both challenges and strategic opportunities. See this vivid sinkhole video from July 2024.

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5 Steps to Fight a Credit Card Lawsuit

Credit Corp

Failing to respond can result in default judgment, allowing the creditor to take action by seizing your assets or withholding your wages. Filing for Bankruptcy One option is filing for bankruptcy, which can help to immediately stop collection actions, including the lawsuit itself, through an automatic stay.

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Dealing with Debt Collectors

Debt Free Colorado

Bankruptcy may appear to be a scary process, but it does not have to be. You may be able to apply for one of many different types of bankruptcy, each of which accomplishes various aims, depending on your specific situation. The Fair Debt Collection Practices Act (FDCPA) does not apply to original creditors or cover company obligations.

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Bankruptcy Disclaimer Did Not Violate FDCPA

Consumer Financial Services Law

A district court in Michigan recently dismissed an FDCPA action, holding that a letter which included a bankruptcy disclaimer was for informational purposes only and did not violate the FDCPA. The case centers around a single letter and a bankruptcy disclaimer. In 2015, Tyler’s mortgage debt was discharged in bankruptcy.

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How To Remove Negative Items From Your Credit Report

Better Credit Blog

Write a letter to the original creditor or collection agency and ask them to remove the negative entry from your credit history as an act of goodwill. Developing these good habits will help a lot, but let’s be clear: a major negative entry like bankruptcy, foreclosure, or repossession on your credit file will cause bad credit.

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CFPB Settles Pending “Meaningful Attorney Involvement” Lawsuit

Troutman Sanders

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. 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.

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How Long Does Bad Credit Last?

Credit Corp

Your creditor may sell your charged-off debt to a collection agency for pennies on the dollar. Pro tip: Even if a debt has been charged off, consider contacting the original creditor to negotiate a settlement. Bankruptcy: Seven or 10 Years Bankruptcies show up in the public records section of credit reports.