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The background: The case stemmed from a series of communications between the plaintiff and the defendant, a debtcollectioncompany. This past July, the defendant sent the plaintiff a text message seeking payment for a debt tied to a cell phone account.
A District Court judge in New Jersey has cited the principal of a debtcollectioncompany for contempt of court for failing to respond to a proposed class action lawsuit and pay a default judgment of $7,671.50
Whether you have medical debt, credit card debt or unpaid student loans , getting calls or letters from debtcollectioncompanies can be frustrating. But it’s especially frustrating if your debt is several years old. Ask the creditor to send you written notice of the debt.
Midwest Recovery Systems (“Midwest Recovery”), a debtcollectioncompany, must cease its alleged debt-parking practices, delete all reported debts, and surrender its remaining assets in partial payment of a $24.3 Finally, the order included a judgment for $24.3
The Middle District of Pennsylvania recently held that including line items for interest and fees in a debtcollection letter when no interest or fees are sought does not violate the FairDebtCollections Practices Act (“FDCPA”). ACS”), seeking to collect a consumer debt. In Reyes v.
Everyone in the debtcollection industry is familiar with the FairDebtCollections Practices Act (FDCPA). Reputable collections agencies willingly follow these rules and treat patients with compassion and respect. Preferred Collection and Management Services, Inc. Now the FDCPA is in the news again.
If you’re hearing from this Norfolk, Virginia-based collection agency, you owe the agency money, and it has a strong incentive to collect on your debt. When you hear from Portfolio Recovery (or any other debt collector), let the agency know that you know your rights. Make Them Prove the Debt is Yours.
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 FairDebtCollection Practices Act (FDCPA) by attempting to collect a debt that was discharged in bankruptcy and no longer owed.
Ramirez , courts and litigants continue to grapple with standing issues in FairDebtCollection Practices Act (FDCPA) cases brought by plaintiffs alleging intangible harms to reputation and privacy interests. Nearly two years after the Supreme Court’s 2021 decision in Transunion v.
Courts have recognized that shareholders, officers or employees of a corporate debt collector may not be directly liable under the FDCPA, unless the plaintiff can meet the strict requirements necessary to pierce the corporate veil. 2000) (“[T]he debtcollectioncompany answers for its employees' violations of the statute.
“They have not charged me with anything … because my companies follow the law.”. Attorney’s office said Miller’s debtcollectioncompanies are under investigation for an alleged “wire fraud scheme related to unlawful debtcollection activities involving victims across the United States.”.
Plaintiff hired counsel and disputed the debt arguing, in part, that the balance sought was incorrect because Plaintiff did not see a credit for the $2,000 judgment Plaintiff obtained against Defendant in Maryland state court related to his claim for breach of implied warrant of habitability.
On April 26, the CFPB issued an advisory opinion, reminding the industry that a debt collector who brings or threatens to bring a foreclosure action to collect a time-barred mortgage debt may violate the FairDebtCollection Practices Act. For more information, click here. For more information, click here.
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