Account Recovery

JANUARY 9, 2025

A District Court judge in Illinois has granted a defendant’s motion to dismiss a Fair Debt Collection Practices Act case, ruling the plaintiff lacked standing after alleging violations related to a disputed debt originating from identity theft.

Fair Debt Collection 130

Fair Debt Collection Retail Banks Collections 130

Account Recovery

NOVEMBER 16, 2021

Judge Denies Plaintiff’s Motion to Remand FDCPA Case; Bank Settles Collection Call Lawsuit For $3.5M appeared first on AccountsRecovery.net.

Banks 240

Banks Fair Debt Collection Debt collector Collections 240

Account Recovery

OCTOBER 11, 2024

The credit and collection sector could be next. Why it matters: As collection agencies, debt buyers, fintechs, banks, and credit unions seek to improve consumer engagement, LLMs offer a potential solution for more natural and effective communication. What’s next: Just as LLMs in AVs operate within certain parameters (e.g.,

Credit Unions 130

Credit Unions Credit Unions Collections Fair Debt Collection 130

Account Recovery

DECEMBER 16, 2022

The post Judge Grants Judgment for Defendant in FDCPA Case Over Garnishment from Joint Bank Account appeared first on AccountsRecovery.net. The post Judge Grants Judgment for Defendant in FDCPA Case Over Garnishment from Joint Bank Account appeared first on AccountsRecovery.net.

Garnishment 189

Garnishment Judgment Banks Fair Debt Collection 189

Account Recovery

JANUARY 13, 2021

Judge Approves $40k Settlement in FDCPA Class Action; New Senate Banking Chair Lays Out Agenda appeared first on AccountsRecovery.net.

Banks 204

Banks Fair Debt Collection Collections 204

Account Recovery

NOVEMBER 5, 2024

million by falsely representing debts and threatening extreme consequences, including lawsuits, asset seizures, and even arrest. and its sole owner Kenneth Redon III, are accused of violating multiple federal laws, including the FTC Act, the Fair Debt Collection Practices Act, and Regulation F.

Debt collector 130

Debt collector Fair Debt Collection Collection Agencies Collections Agency 130

Account Recovery

APRIL 28, 2025

The Court of Appeals for the Ninth Circuit has reversed a ruling in a Fair Credit Reporting Act and Rosenthal Fair Debt Collection Practices Act (Rosenthal Act) case over whether information that was furnished to the credit reporting agencies was accurate enough.

Fair Debt Collection 130

Fair Debt Collection Loans Collections Banks 130

Account Recovery

MAY 4, 2022

An Appeals Court in Washington state has upheld a lower court’s dismissal of a Fair Debt Collection Practices Act case that accused a creditor of violating the statute by attempting to collect in a name different than its own. Bank of America can be … The post Wash.

Creditors 244

Creditors Fair Debt Collection Banks Collections 244

Account Recovery

APRIL 6, 2025

Appeals Court Affirms Ruling Over Default Judgment The Court of Appeals for the Eighth Circuit has upheld a ruling in favor of a defendant that was sued for violating the Fair Debt Collection Practices Act, deciding that a default judgment obtained in state court is conclusive from the perspective of establishing the facts of a case.

Fair Debt Collection 147

Fair Debt Collection Judgment Collateral Garnishment 147

Account Recovery

FEBRUARY 18, 2025

With this uptick, regulatory scrutiny may rise, leading to more complaints and lawsuits under laws like the FDCPA (Fair Debt Collection Practices Act) and Regulation F due to errors in handling bankrupt debt. Judge Orelia E. However, this also heightens compliance risks related to bankruptcy accounts.

Fair Debt Collection 130

Fair Debt Collection Law Firms Bankruptcy Judgment 130

Account Recovery

JANUARY 13, 2025

A District Court judge in Arizona has granted a defendant’s motion to dismiss a Fair Debt Collection Practices Act case, ruling that the plaintiff failed to sufficiently establish the defendant’s status as a “debt collector” under the statute and did not plead adequate facts to support the alleged violations.

Debt collector 130

Debt collector Fair Debt Collection Original Creditor Creditors 130

Account Recovery

SEPTEMBER 18, 2023

A District Court judge in New Jersey has denied a defendant’s motion for summary judgment, ruling that the plaintiff has standing to pursue his Fair Debt Collection Practices Act lawsuit — “however slight” that standing is, noted the judge. A copy of the ruling in the case of Tomaine v.

Fair Debt Collection 147

Fair Debt Collection Banks Judgment Collections 147

Account Recovery

MAY 5, 2023

BANK ACCUSED IN FDCPA CLASS ACTION OF USING STRAW LAW FIRM TO COLLECT ON DEBT A patsy. A class action lawsuit is accusing a bank of using a law firm as a front to collect on its own debts, allegedly violating the Fair Debt Collection Practices Act by sending … The post Daily Digest – May 5.

Law Firms 130

Law Firms Judgment Banks Fair Debt Collection 130

Account Recovery

MARCH 10, 2025

In addition, in April 2024, the NYAG secured over $700,000 from Pathward, National Association, a national bank formerly known as MetaBank because of an investigation that found Pathward froze accounts in violation of the EIPA. More details here. Pro se complaints should always be evaluated for early motion practice.

Debt collector 130

Debt collector Fair Debt Collection Debtor Judgment 130

Account Recovery

MARCH 21, 2022

A state Appeals Court in California has upheld a ruling from a lower court compelling a debt collector to comply with a subpoena it received from four District Attorney’s offices in the state investigating the collector’s compliance with the Rosenthal Fair Debt Collection Practices Act and the Telephone Consumer Protection Act.

Debt collector 246

Debt collector Fair Debt Collection Collections Banks 246

Account Recovery

MAY 24, 2023

In dismissing a Fair Debt Collection Practices Act case for … JUDGE ARTFULLY DISMISSES FDCPA SUIT OVER RECEIPT OF VERIFICATION LETTER Reading as many rulings from judges as I do, you tend to appreciate those with some style and Judge Michael T.

Fair Debt Collection 130

Fair Debt Collection Banks Collections 130

Account Recovery

MAY 24, 2024

The Connecticut Department of Banking has issued a temporary order to cease and desist against a Texas-based collection agency for operating in the state without the required license. Order and Penalties […]

Fair Debt Collection 130

Fair Debt Collection Collections Collection Agencies Collections Agency 130

Account Recovery

DECEMBER 16, 2024

A District Court Judge in Pennsylvania has dismissed a Fair Credit Reporting Act and Fair Debt Collection Practices Act case filed by a consumer representing herself on the grounds that the claims were insufficiently pleaded and because it’s not considered identity theft when a furnisher sends information about a consumer to a credit reporting (..)

Fair Debt Collection 130

Fair Debt Collection Financial Institution Creditors Loans 130

Account Recovery

AUGUST 16, 2024

A District Court judge in Arizona has granted a defendant’s motion for summary judgment in a Fair Debt Collection Practices Act case, ruling that it is entitled to the statute’s bona fide error defense after garnishing a bank account where Social Security payments were deposited to satisfy a judgment.

Garnishment 130

Garnishment Fair Debt Collection Law Firms Judgment 130

Account Recovery

AUGUST 16, 2024

A District Court judge in Arizona has granted a defendant’s motion for summary judgment in a Fair Debt Collection Practices Act case, ruling that it is entitled to the statute’s bona fide error defense after garnishing a bank account where Social Security payments were deposited to satisfy a judgment.

Garnishment 130

Garnishment Fair Debt Collection Law Firms Judgment 130

Account Recovery

SEPTEMBER 25, 2024

These new laws, set to take effect in 2025, will reshape how medical debt is reported, expand consumer protections, and alter the landscape for commercial debt collection.

Creditworthiness 147

Creditworthiness Collections Fair Debt Collection Garnishment 147

Account Recovery

SEPTEMBER 17, 2024

Even though he acknowledged that the language in an underlying contract could have been clearer, a State Court judge in Wisconsin has granted a defendant’s motion to compel arbitration in a Fair Debt Collection Practices Act case that was defended by Avanti Bakane of Gordon Rees. Learn more.

Fair Debt Collection 130

Fair Debt Collection Collection Agencies Collections Agency Banks 130

Account Recovery

AUGUST 14, 2024

The original lawsuit centered around whether the current creditor to whom the debt was owed was properly identified in a collection letter. The Background: The plaintiff defaulted on a credit card debt that was owed to First Premier Bank.

Credit Card Debt 130

Credit Card Debt Fair Debt Collection Collection Agencies Collections Agency 130

Account Recovery

FEBRUARY 28, 2023

A … The post Ninth Circuit Affirms Dismissal of Creditor’s Suit Over Debt Collection Phone Calls first appeared on AccountsRecovery.net.

Fair Debt Collection 130

Fair Debt Collection Collections Banks Creditors 130

Account Recovery

OCTOBER 2, 2024

For the second time, a District Court judge in Illinois has dismissed a Fair Debt Collection Practices Act class-action lawsuit because the plaintiff lacked standing to sue, this time ruling that the plaintiff could not have paid the settlement amount offered by the debt collector or successfully changed the order of other payments.

Credit Card Debt 130

Credit Card Debt Fair Debt Collection Debt collector Judgment 130

Account Recovery

APRIL 24, 2024

In most Fair Debt Collection Practices Act cases that are started in state court and then removed to federal court, it is the defendant — usually a collection operation of some kind — that is seeking to have the case heard before a federal judge. This time, it’s the other way around.

Fair Debt Collection 147

Fair Debt Collection Collections Banks 147

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

Troutman Sanders

AUGUST 17, 2020

On August 12, 2020, Nicholas Brechun, Compliance Supervisor for the Colorado Fair Debt Collection Practices Act (“CFDCPA” or “the Act”), sent out notice of a stakeholder meeting to discuss amendments to the Act. The stakeholder meeting has been scheduled for August 25, 2020 at 2:00 p.m.

Fair Debt Collection 59

Fair Debt Collection Collection Agencies Collections Agency Collections 59

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. Read on to hear what the experts have to say this week.

Garnishment 130

Garnishment Fair Debt Collection Judgment Law Firms 130

Account Recovery

SEPTEMBER 30, 2024

Judge Rules Debt Collection Lawsuit Waives Arbitration Clause A District Court judge in Maryland has denied a defendant’s motion to compel arbitration in a Fair Debt Collection Practices Act case, ruling that the defendant waived its right to arbitrate by engaging in prior litigation. More details here.

Fair Debt Collection 130

Fair Debt Collection Personal loans Collections Loans 130

Debt Free Colorado

FEBRUARY 21, 2022

Does Colorado Law Protect Me From Debt Collectors? When collecting a debt from you, collection agencies must adhere to federal and state rules. Fortunately, the federal Fair Debt Collection Practices Act (FDCPA) protects all states. What is the Federal Fair Debt Collection Practices Act (FDCPA)?

Debt collector 98

Debt collector Fair Debt Collection Collection Agencies Collections Agency 98

Troutman Sanders

MAY 2, 2023

Stay tuned for Part 2 of this special series that takes a deeper dive into the rule’s data collection requirements and anti-discouragement provisions. He also worked at the Federal Reserve Bank of Minneapolis for several years, where he examined banks for compliance with consumer and business laws.

Financial Institution 97

Financial Institution Fair Debt Collection Financial services Law Firms 97

Collection Industry News

AUGUST 18, 2020

On August 12, 2020, Nicholas Brechun, Compliance Supervisor for the Colorado Fair Debt Collection Practices Act (“CFDCPA” or “the Act”), sent out notice of a stakeholder meeting to discuss amendments to the Act. The stakeholder meeting has been scheduled for August 25, 2020 at 2:00 p.m. Anthony , John E.

Fair Debt Collection 40

Fair Debt Collection Collection Agencies Collections Agency Collections 40

Jimerson Firm

DECEMBER 14, 2021

Two important statutes for all businesses to be aware of are the Florida Consumer Collection Practices Act (FCCPA) and the Fair Debt Collection Practices Act (FDCPA). Fair Debt Collection Practices Act. Bank of Am. , Bank of Am., Bank Nat’l Ass’n, 245 F. 3d 1175, 1205 (M.D.

Debt collector 105

Debt collector Fair Debt Collection Consumer Collections Legal Rights 105

Nexa Collect

JUNE 21, 2023

This can lead to wage garnishment, bank levies, or liens against your property. Wage Garnishment and Asset Seizure : If a judgment is entered against you, the creditor may be able to garnish your wages, levy your bank accounts, or place liens on your property, depending on the laws in your jurisdiction.

Collection Agencies 100

Collection Agencies Collections Agency Credit Counselor Garnishment 100

Troutman Sanders

SEPTEMBER 25, 2023

District Court for the District of New Jersey denied the defendant’s summary judgment motion holding instead that a bank levy against the plaintiff served as a basis for standing to assert a claim under the Fair Debt Collections Practices Act (FDCPA). In Tomaine v. and obtaining a $278.75

Banks 52

Banks Law Firms Judgment Fair Debt Collection 52

Better Credit Blog

APRIL 4, 2022

Regardless of what a debt collector might tell you, you have a lot of rights when it comes to how debt can be collected. In fact, merely mentioning that you understand your rights will, many times, stop debt collectors in their tracks. Your rights come from the Fair Debt Collection Practices Act (FDCPA).

Debt collector 116

Debt collector Fair Debt Collection Collection Agencies Collections Agency 116