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The credit and collection sector could be next. Why it matters: As collection agencies, debt buyers, fintechs, banks, and creditunions seek to improve consumer engagement, LLMs offer a potential solution for more natural and effective communication. Learn more.
The Court of Appeals for the Seventh Circuit has overturned a lower court’s ruling in favor of the defendant in a FairDebtCollection Practices Act case, ruling that the defendants lack of knowledge about a prior dispute did not absolve it of its obligations under the FDCPA.
A District Court judge in Maryland has granted a defendant’s motion for summary judgment in a FairDebtCollection Practices Act case that centers over the language used by the plaintiff and whether it constituted a dispute of the debt or not.
Today’s webinar just happens to be on the topic of legal collections (register here) so it’s entirely timely to write about a court ruling involving a judgment. Sometimes it’s better to be lucky than good.
Case in point — the forensic analysis detailed in this ruling in which a District Court judge in California partially denied a defendant’s motion for summary judgment in a case alleging violations of both the FairCredit Reporting Act and the Rosenthal FairDebtCollection Practices Act, among other claims.
Appeals Court Reverses Arbitration Ruling for Defendant in Collection Case A New Jersey Appeals Court has overturned a lower courts ruling in favor of a defendant that had granted arbitration in a collection lawsuit more than a year after the complaint had been filed and litigated. More details here.
The Consumer Financial Protection Bureau (CFPB) should ensure its debtcollection rulemakings do not extend unwarranted regulatory requirements to first-party debt collectors, CUNA wrote Tuesday in response to a CFPB proposal.
The California Court of Appeals has upheld a lower court’s ruling awarding $30,450 in attorney’s fees to the lawyers representing a plaintiff in a Rosenthal FairDebtCollection Practices Act case — which was about $68,000 less than the plaintiff was seeking.
Mountain America Federal CreditUnion , the plaintiff became delinquent on a credit card account with her creditunion. The creditunion then assigned the debt to a third-party collection agency. In Hansen v. A copy of the order is available here.
In a 9-3 vote earlier this month, the California Assembly Banking and Finance Committee approved legislation requiring a license for debt collectors and debt buyers, entitled the DebtCollection Licensing Act (SB 908) (DCLA). The DCLA would also require the DBO to respond to consumer complaints and enforce violations.
When you’re trying to conquer unpaid debts sent to collections, you’ll likely face some obstacles. Two of the most common are coming up with enough money to pay off the debt and negotiating a payment plan or settlement you can afford. Find out how to pay collections below. Know Your Rights.
15, 2022, the Federal Financial Institutions Examination Council’s (FFIEC) Task Force on Consumer Compliance adopted revised examination procedures for the FairDebtCollection Practices Act (FDCPA) and its implementing regulation, Regulation F. A copy of the revised procedures can be accessed by clicking here. FFIEC is a U.S.
Despite objections from CUNA and NAFCU, the House of Representatives passed the Comprehensive DebtCollection Improvement Act on Thursday. 2547, the Non-Judicial Foreclosure DebtCollection Clarification Act, which would reverse the unanimous decision made by the Supreme Court of the United States (SCOTUS) in 2019.
ConServe is a debtcollection agency that may contact you regarding unpaid debts. They are a third-party debt collector, which means that they may be hired by your original creditor, or they may purchase your old debt on the chance that you pay them instead. How to Remove ConServe from Your Credit Report.
You have also probably seen them appear on your credit report as a collections account. This is because Rausch Sturm has been hired by your original creditor to collect the debt on their behalf. You won’t stop hearing from them until you pay them or remove their account from your credit report in another way.
The Florida Consumer Collection Practices Act (FCCPA) and the FairDebtCollection Practices Act (FDCPA) are two pro-consumer statutes. Florida’s Consumer Collection Practices Act (FCCPA) Part 1: Understanding the FCCPA (jimersonfirm.com) . Businesses should be aware of each statute.
The Florida Consumer Collection Practices Act (FCCPA) and the FairDebtCollection Practices Act (FDCPA) are two pro-consumer statutes. Florida’s Consumer Collection Practices Act (FCCPA) Part 1: Understanding the FCCPA (jimersonfirm.com) . Businesses should be aware of each statute.
On January 2, the CFPB published a blog titled, “Holding Debt Collectors Responsible for False Statements.” CICA Collection Agency, a First Circuit case in which the CFPB has filed an amicus brief. The debt collector claimed that they were only responsible under the law when they intended to say something false.
The Florida Consumer Collection Practices Act (FCCPA) is a pro-consumer statute. The Clayton Court was asked to decide the question of “whether Florida’s offer of judgment statute is preempted by [the federal FairDebtCollection Practices Act (“FDCPA”)].” Bryan , 753 So. 2d 632 (Fla. 5th DCA 2000).
The Florida Consumer Collection Practices Act (FCCPA) and the FairDebtCollection Practices Act (FDCPA) are two pro-consumer statutes. Accredited Collection Agency Inc. , No. Collection Services, Inc. Florida’s Consumer Collection Practices Act (FCCPA) Part 1: Understanding the FCCPA (jimersonfirm.com)
Supreme Court Rules CU Employees Engaged in Unauthorized Practice of Law When Filing Collection Suits Against Members The Supreme Court of New Mexico has ruled that employees of a creditunion engaged in the unauthorized practice of law by filing collection lawsuits to recover unpaid debts. More details here.
But on top of that, there is a FairDebtCollection Practices Act angle to the case, too. The background: The case was filed after the plaintiff, a long-standing customer of the defendant creditunion, became the victim of an elaborate scam. Learn more.
A Magistrate Court judge in California has denied a plaintiff’s motion to compel the defendant to produce information related to its debtcollection activities, ruling that the requests were too broad and not proportional to the needs of the case. The ruling: Judge Barbara L.
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