Account Recovery

SEPTEMBER 18, 2024

A District Court judge in Oklahoma has granted a defendant’s motion to dismiss after it was sued for violating the Fair Debt Collection Practices Act because it responded to a certified letter from the plaintiff that email was the only way to conveniently contact her by sending another letter to the plaintiff via traditional mail.

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Account Recovery

JUNE 19, 2024

Someone may want to show the plaintiff in this Fair Debt Collection Practices Act case this scene from “A Few Good Men.”

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Account Recovery

JUNE 24, 2024

A District Court judge in Missouri has granted a defendant’s motion for summary judgment in a Fair Debt Collection Practices Act case, ruling that the plaintiff lacked standing and that the defendant did not violate the FDCPA.

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Account Recovery

APRIL 5, 2022

The Court of Appeals for the Third Circuit has affirmed the dismissal of a Fair Debt Collection Practices Act case against a student loan servicer for continuing to attempt to collect a student loan debt after it had been discharged in bankruptcy because the plaintiff failed to follow the proper procedure.

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Account Recovery

APRIL 17, 2024

It might not be a ruling on the merits of the plaintiff’s claim, but a District Court judge in New York has dismissed a Fair Debt Collection Practices Act “only convenient way to communicate” case on the grounds the plaintiff did not suffer a concrete injury and does not have standing to sue.

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Account Recovery

OCTOBER 10, 2022

A California Appeals Court has overturned a ruling in favor of a debt collector that was sued for violating the Rosenthal Fair Debt Collection Practices Act by not properly serving the plaintiff with a summons and complaint in an underlying collection lawsuit, with the panel ruling that the plaintiff is not obligated to pay the … The post California (..)

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Account Recovery

JUNE 14, 2022

A class-action complaint has been filed in federal court in Massachusetts, accusing a company of violating the Fair Debt Collection Practices Act by not responding to a dispute request that was submitted by an individual after receiving a collection letter from the defendant.

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Fair Debt Collection Collections Credit Management 243

Account Recovery

DECEMBER 22, 2022

A debt that is sold to a third party can be confusing for a consumer, but confusion is not grounds for standing to sue under the Fair Debt Collection Practices Act, and bad lawyer jokes aside, using legal terms does not constitute the use of obscene or profane language, a District Court judge in Pennsylvania … The post Judge Grants MSJ For Defendant (..)

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Account Recovery

APRIL 29, 2022

A District Court judge in Pennsylvania has certified a class action in a Fair Debt Collection Practices Act lawsuit that accused a defendant of violating the statute by mentioning in a letter that a judgment may be awarded before the expiration of a settlement offer that was being made, even though a collection lawsuit had … The post Judge Certifies (..)

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Judgment Fair Debt Collection Collections Credit Management 243

Account Recovery

AUGUST 28, 2020

A District Court judge in Texas has partially granted a defendant’s motion for judgment on the pleadings after it was sued for violating the Fair Debt Collection Practices Act in how it attempted to collect on a judgment. A copy of the ruling in the case of Kranz v.

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Judgment Fair Debt Collection Credit Management Collections 147

Account Recovery

AUGUST 2, 2022

Despite making many arguments to the contrary, a District Court judge in New Jersey has granted summary judgment to the defendant in a Fair Debt Collection Practices Act case, ruling the plaintiffs now lack standing to sue in federal court, even though a class had previously been certified in the case.

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Account Recovery

DECEMBER 11, 2023

A District Court judge in New York has ruled that a plaintiff’s strategy of basing her Fair Debt Collection Practices Act case on a strategy of “nuh-uh” is not enough to defeat a defendant’s motion to dismiss.

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Account Recovery

JUNE 9, 2022

The Court of Appeals for the Seventh Circuit has denied an en banc hearing request from a plaintiff after a panel of judges overturned a $350,000 award against a collector in a Fair Debt Collection Practices Act case, but a quartet of judges wrote a dissenting opinion arguing how the Court has “strayed far” from … The post Appeals (..)

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Account Recovery

FEBRUARY 25, 2022

A class-action complaint has been filed in federal court in Florida accusing a collector of violating the Fair Debt Collection Practices Act by requiring that the plaintiff include a reason why a debt was being disputed when disputing a debt during a phone call with a representative of the defendant.

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Account Recovery

AUGUST 10, 2021

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 Fair Debt Collection Practices Act and the North Carolina Collection Agency … The (..)

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Account Recovery

MAY 31, 2023

A District Court judge in Ohio has approved a settlement in a Fair Debt Collection Practices Act class-action lawsuit that will see the defendant pay $500,000 in fees and costs after it was accused of pursuing collection activity against individuals who had participated in a separate settlement of an FDCPA case in which the defendant …

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Account Recovery

SEPTEMBER 1, 2023

A change in precedent has led the Court of Appeals for the Third Circuit to remand a case back to the District Court to determine whether the owners of a debt that was purchased from the original creditor can compel arbitration after being sued for allegedly violating the Fair Debt Collection Practices Act.

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Account Recovery

SEPTEMBER 20, 2021

The Court of Appeals for the Eleventh Circuit has vacated an order imposing sanctions on a pair of plaintiff’s attorneys because the individual they were representing failed to show for a scheduled mediation session in a Fair Debt Collection Practices Act case and because a District Court judge did not provide the attorneys with enough … (..)

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Account Recovery

AUGUST 4, 2021

A District Court judge in New York has granted a defendant’s motion to dismiss, ruling that the language that was used in a series of letters that raised the possibility that the plaintiff would be sued if she did not make arrangements to repay her debt did not violate the Fair Debt Collection Practices Act, … The post Judge Grants MTD (..)

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Account Recovery

JULY 14, 2021

Companies in the accounts receivable management industry can add “irritation,” “concern,” “feeling targeted,” and “hustled,” to the list of harms that do not create standing to sue in federal court when accusing a debt collector of violating the Fair Debt Collection Practices Act after a District Court (..)

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Account Recovery

APRIL 15, 2021

In a case that was defended by the team at Malone Frost Martin, the Court of Appeals for the Eighth Circuit has affirmed a lower court’s ruling in favor of a defendant that was sued for violating the Fair Debt Collection Practices Act because it did not include a copy of the original creditor’s financial … The post Appeals Court Affirms (..)

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Account Recovery

APRIL 11, 2024

The Background: The […]

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Account Recovery

APRIL 18, 2023

A District Court judge in Florida has granted a plaintiff’s motion to remand a Fair Debt Collection Practices Act case back to state court where it was originally filed and denied a defendant’s motion to dismiss as moot, ruling the claims made by the plaintiff were not sufficient for the case to have standing in … The post Judge Remands (..)

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Account Recovery

AUGUST 30, 2021

Synonyms and semantics can be deadly when in the hands of a federal judge.

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Account Recovery

FEBRUARY 22, 2023

The post Supreme Court Denies Petition in FDCPA Standing Case appeared first on AccountsRecovery.net.

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Credit Management Company

JULY 14, 2021

Everyone in the debt collection industry is familiar with the Fair Debt Collections Practices Act (FDCPA). Reputable collections agencies willingly follow these rules and treat patients with compassion and respect. Preferred Collection and Management Services, Inc. Background on This Case.

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Credit Management Company

FEBRUARY 8, 2022

Perhaps you need to consider working with a collection agency. Read on to learn how to hire a collection agency that will serve your best interest and protect your good reputation. Menacing threats and middle-of-the-night phone calls are not the methods top debt collection agencies use. Evaluate Their Customer Service.

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Payment Savvy

OCTOBER 20, 2021

When your company incurs a commercial debt, it should be handled by a B2B debt collection agency to avoid situations like this and to keep your business functioning smoothly without the monetary consequences of unpaid accounts receivable. What is B2B Debt Collection? Are There B2B Debt Collection Laws?

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Credit Management Company

JUNE 14, 2022

Debt collection can be a complex process, and consumer rights should always be a top priority. To ensure you understand how important consumer rights are, we’ve put together an overview of consumer rights in debt collection. Debt Protection Laws. Validating and Requesting Proof of Debt.

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Credit Management Company

FEBRUARY 22, 2022

Therefore, many people find themselves encountering collection agencies at one point or another. Unfortunately, much of what people “know” about the debt collection industry relies more on myths than facts. When people believe these myths about using a collection agency, they often run into trouble.

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Credit Management Company

JANUARY 25, 2022

Business to business debt collection can be hard to understand at first. Check out this guide on who should use commercial debt collections. Even when you try to send customer debt collection requests, they have fallen on black days. This type of debt collection can be hard to understand at first.

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Credit Management Company

MARCH 8, 2022

Are you worried that if you refer your customers to a debt collection agency you’ll lose control of your brand? If you’ve had negative experiences with debt collectors, you may think that asking someone else to handle your unpaid invoices is the wrong move. Be sure you document all your attempts to collect the debt.

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Credit Management Company

MAY 3, 2022

Debt collection has been around for centuries, with many changes constantly taking place. However, from a digital perspective, the debt collection industry has been slow to evolve. The basic rules of debt collection still stand: Hours of contact are between 8 a.m. local time. Phone Calls. Social Media.

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Credit Management Company

DECEMBER 20, 2018

Patient collections can be a challenge any time of the year, but are particularly stressful during the Holiday season. Some collection agencies make the mistake of pausing collection efforts during this time of the year to avoid increasing tension between the healthcare provider and the patient. Timing is Everything.

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Troutman Sanders

SEPTEMBER 19, 2022

The standard courts should use to determine whether an alleged Fair Debt Collection Practices Act (FDCPA) violation is material remains unsettled. Pioneer Credit Recovery, Inc. , Pioneer) to help collect the debt. Pioneer sent the plaintiff’s employer a packet containing an order to withhold earnings.

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Credit Management Company

MARCH 23, 2021

Anyone working in revenue cycle management knows the importance of complying with the Fair Debt Collection Practices Act (FDPA) and the Telephone Consumer Protection Act (TCPA). When Benjamin Franklin said, “An ounce of prevention is worth a pound of cure,” he could have been talking about revenue cycle management.

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Credit Management Company

OCTOBER 24, 2018

Debt collection agencies are doing everything they can to take advantage of this trend, but they need to ensure their practices adhere to federal law in order to avoid penalties. For example, "“This is a communication from a debt collector. More people than ever before are using text messaging to communicate. FDCPA Requirements.

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