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A District Court judge in Virginia has dismissed the majority of claims against several defendants in a FairDebtCollection Practices Act class-action lawsuit, but allowed one key claim against a collectionagency to proceed.
In what is certainly a first for me, a collectionagency — which is represented by The Echols Firm — has defeated a motion to dismiss a lawsuit for lack of standing. But this is not a run-of-the-mill FairDebtCollection Practices Act suit.
Frost Echols, representing the defendant a collectionagency in this case, discovered the irregularities after attempting to depose the plaintiff. The law firm agreed to pay a total of $50,000, with $35,000 going to the collectionagency defendant and $15,000 to the plaintiff. Read the consent decree.
The credit and collection sector could be next. Why it matters: As collectionagencies, 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.,
Collector Accused of Violating Reg F Over Debt Parking; Data Breach at Wash. CollectionAgency Impacts 3M Consumers first appeared on AccountsRecovery.net. CollectionAgency Impacts 3M Consumers first appeared on AccountsRecovery.net. Collector Accused of Violating Reg F Over Debt Parking; Data Breach at Wash.
The Court of Appeals for the Sixth Circuit has affirmed a ruling in favor of a defendant in a FairDebtCollection Practices Act case that was sued for allegedly not informing the plaintiff that the underlying debt in question was time-barred, ruling that the statute of limitations for the debt had not yet expired.
The background: The case stems from a debt incurred by the plaintiff following medical care at a hospital. The plaintiff argued that the debt should have been covered by Washington’s Medicaid plan or through charity care, and thus she did not owe it.
The background: The case was initially brought by the plaintiff on behalf of herself and others similarly situated, alleging that the defendant had violated several laws, including the FDCPA and the North Carolina CollectionAgency Act.
The Federal Trade Commission has filed a lawsuit and received a temporary restraining order freezing the assets and taking control over a Georgia-based debtcollectionagency, Global Circulation, Inc., after it was accused of using deceptive and abusive tactics to collectdebts from consumers.
COLLECTIONAGENCY DEFEATS MTD IN SUIT AGAINST S.C. AG SEEKING TO OVERTURN ANTI-SPOOFING STATUTE In what is certainly a first for me, a collectionagency — which is represented by The Echols Firm — has defeated a motion to dismiss a lawsuit for lack of standing.
A medical collectionagency will send written demands and make persistent phone calls to your patients. Since debt collectors are on the phone all day long, they know every tactic to get paid. Since debt collectors are on the phone all day long, they know every tactic to get paid. Need a Medical CollectionAgency?
A District Court judge in New York has granted a defendant’s motion to dismiss after it was sued for allegedly violating the FairDebtCollection Practices Act, in a case where the plaintiff attempted to use many of the current crop of greatest hits being claimed by individuals suing collectionagencies.
The Court of Appeals for the Eighth Circuit has vacated a judgment in favor of a plaintiff who alleged a debt buyer violated the FairDebtCollection Practices Act because the collectionagency it used to collect on an unpaid debt contacted the plaintiff even though she was represented by an attorney — a fact … The post Appeals Court Vacates (..)
In a case that was defended by Ethan Ostroff and the team at Troutman Pepper and Smith Debnam, a District Court judge in North Carolina has granted a defendant’s motion to compel arbitration and dismiss a class-action after it was accused of violating the FairDebtCollection Practices Act and the North Carolina CollectionAgency … The (..)
A District Court judge yesterday granted a plaintiff’s motion for summary judgment, ruling that a collectionagency that allowed collectors and other staff to work remotely violated the FairDebtCollection Practices Act and ordered the agency to bring all employees back to the office.
A lawsuit has been filed against a collectionagency for violating the FairDebtCollection Practices Act and the “debt parking” provisions of Regulation F — in what might be the first such lawsuit filed following the enactment of the debtcollection rule last November.
A District Court judge in Indiana has adopted a Magistrate Judge’s Report and Recommendation that grants summary judgment in favor of a plaintiff who sued a collectionagency for violating the FairDebtCollection Practices Act for sending a letter to the plaintiff after she had communicated that she was refusing to repay the debt.
A plaintiff has filed a lawsuit in Texas against a collectionagency, alleging it violated the FairDebtCollection Practices Act and Regulation F because it sent a collection letter that failed to include an itemization date while also allegedly including contradictory information as to whether interest on the underlying debt was actually accruing. (..)
Debtcollectionagencies are subject to various data security rules and regulations to protect consumer information. FairDebtCollection Practices Act (FDCPA) : While primarily focused on the practices and behaviors of debt collectors, the FDCPA also contains provisions that protect consumers’ personal information.
A complaint has been filed in federal court in California accusing a number of healthcare providers and a collectionagency of violating state law as well as the FairDebtCollection Practices Act by attempting to collect on a debt that was incurred as a result of injuries suffered while the plaintiff was working and … The post Complaint Accuses (..)
It probably took a little while longer than everyone expected, but a class-action lawsuit has been filed against a collectionagency for violating the FairDebtCollection Practices Act because the Model Validation Notice it sent had the wrong scissors icon on it, among other issues.
A complaint has been filed accusing a collectionagency of violating the FairDebtCollection Practices Act and Regulation F because it apparently did not use a Model Validation Notice and allegedly did not provide the itemization information required when it sent its first written communication attempting to collect on a debt.
JUDGE GRANTS PRELIMINARY APPROVAL OF SETTLEMENT IN FDCPA CLASS ACTION A District Court judge in Texas has granted preliminary approval of a settlement in a FairDebtCollection Practices Act class-action lawsuit after a collectionagency was accused of sending letters that offered individuals a limited time settlement offer on an unpaid medical debt (..)
A District Court judge in Wisconsin has certified a class in a case against a collectionagency accused of violating the FairDebtCollection Practices Act by saying it “may” commence a civil action if the debt was not paid even though it had no intention of doing so.
CLASS-ACTION ACCUSES COLLECTOR OF VIOLATING FDCPA, FCCPA BY ADDING ‘ILLEGAL’ COLLECTION FEE A class-action lawsuit has been filed against a collectionagency, accusing it of violating the FairDebtCollection Practices Act and the Florida Consumer Collection Practices Act because it allegedly added an “illegal” collection fee that represented (..)
CLASS-ACTION ACCUSES COLLECTOR OF VIOLATING FDCPA, REGULATION F FOR NOT USING MVN A class-action complaint has been filed against a collectionagency, accusing it of violating the FairDebtCollection Practices Act and the provisions of Regulation F because it did not use a Model Validation Notice and allegedly used false and deceptive means to … (..)
COMPLAINT ALLEGES COLLECTOR VIOLATED REG F’S DEBT PARKING PROHIBITION A lawsuit has been filed against a collectionagency for violating the FairDebtCollection Practices Act and the “debt parking” provisions of Regulation F — in what might be the first such lawsuit filed following the enactment of the debtcollection rule last November.
A class action lawsuit has been filed in North Carolina federal court against a hospital network and the collectionagency it uses, accusing them of violating state law in North Carolina as well as the FairDebtCollection Practices Act by overcharging him for a visit to the emergency room and using “aggressive, manipulative, and … The (..)
A District Court judge in Illinois has dismissed one of the two counts in a FairDebtCollection Practices Act class action against a debt buyer and collectionagency, ruling that the plaintiff did not have standing to sue by claiming that the addition a phrase to the outside of the envelope containing a collection … The post Judge Partially (..)
Rather than dismiss a case as directed by the Sixth Circuit Court of Appeals, a District Court judge in Tennessee has decided to allow a plaintiff to file a second amended complaint against a collectionagency for allegedly violating the FairDebtCollection Practices Act because it did not use its true name during telephone … The post Judge (..)
A lawsuit has been filed in federal court in Georgia, alleging a collectionagency violated the FairDebtCollection Practices Act by violating Regulation F, and the Georgia Fair Business Practices Act by not making an opt-out statement conspicuous enough in an email message, even though the exhibit of the message in question clearly shows … (..)
The Court of Appeals for the Ninth Circuit has denied a collectionagency’s appeal of the attorney’s fees awarded to plaintiff’s counsel by a District Court judge in a FairDebtCollection Practices Act case, rejecting a number of arguments made by the agency why the award should be reduced.
PLAINTIFF SUES COLLECTOR OVER PAYMENT METHOD REQUIREMENT, LACK OF EMAIL OPT-OUT A collectionagency has been sued for violating Regulation F and the FairDebtCollection Practices Act because it said in a collection letter that it would accept multiple forms of payment, but when the plaintiff sought to make a payment, allegedly informed her … (..)
A District Court judge in New Jersey — taking the issue up all on her own — has ruled that a plaintiff lacks standing to sue a collectionagency after accusing it of violating the FairDebtCollection Practices Act because it used multiple addresses in a collection letter and because it purportedly used a … The post Judge Dismisses (..)
COMPLAINT ACCUSES COLLECTOR OF TEXTING MOTHER ABOUT DAUGHTER’S DEBT A collectionagency is being sued for allegedly violating the FairDebtCollection Practices Act because it sent a text message to the plaintiff’s mother — who also had an account placed with the defendant — with the daughter’s name after the mother made a payment … The (..)
JUDGE GRANTS MTD IN HUNSTEIN CASE FOR SECOND TIME OVER LACK OF STANDING A plaintiff alleging a collectionagency violated the FairDebtCollection Practices Act by using a letter vendor to print and mail the collection letter she received has had her case dismissed by a federal judge for lack of standing, although this … The post Daily Digest (..)
For example, the plaintiffs point out that the rule requires debt collectors to provide specific disclosures that may not always apply to certain types of debts, which could lead to confusion and legal risks for collectionagencies.
A collectionagency is being sued for allegedly violating the FairDebtCollection Practices Act because it sent a text message to the plaintiff’s mother — who also had an account placed with the defendant — with the daughter’s name after the mother made a payment on her own account.
A class-action lawsuit has been filed against a collectionagency for allegedly violating the FairDebtCollection Practices Act by having multiple addresses on a collection letter it sent and not explicitly communicating to which address disputes or requests for original creditor information should be sent.
A District Court judge in California has granted a defendant’s motion to dismiss a class-action lawsuit after it was sued for violating the FairDebtCollection Practices Act when it was sued because the collectionagency it placed a debt with sent a collection letter that indicated the plaintiff would have to pay a service … The post EDCA (..)
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