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In a development first announced by ACA International, the New York City Department of Consumer and Worker Protection (DCWP) has proposed an amendment to its new debt collection regulation. This change directly impacts original creditors who previously may not have considered themselves subject to these regulations.
Laura Fine, introduces key restrictions on medical debt collection practices, particularly in cases where patients are appealing health insurance decisions. SB 1223 builds upon existing provisions in the Fair Patient Billing Act, which already regulates how hospitals and medical creditors pursue collections against uninsured patients.
The Connecticut Department of Banking has reached a settlement with a creditor that was using a different name under which to collect unpaid debts for not having a collection license that will see the company pay a fine of $10,000 and stop collecting debts in the state unless it is using the “true name of … The post Creditor Fined $10k (..)
The Attorney General of Georgia yesterday announced a settlement with a creditor accused of engaging in deceptive sales and marketing tactics while also allegedly violating the Fair Debt Collection Practices Act that will see the company pay nearly $150,000 in fines while also agreeing to make significant changes to its business operations.
A collection attorney in New York is facing a class-action lawsuit for allegedly violating the Fair Debt Collection Practices Act and state law when attempting to collect on judgments owed to a bankrupt for-profit university. The background: Technical Career Institutes, Inc.
A complaint has been filed in federal court in California accusing a number of healthcare providers and a collection agency of violating state law as well as the Fair Debt Collection 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 (..)
The background: This past March, the plaintiff received a collection letter from the defendant, stating that the plaintiff owed $1,740. The plaintiff also lodged complaints with both the Better Business Bureau and the state dental board, arguing that the original creditor had engaged in illegal double billing.
A District Court judge in New York has ruled in favor of the defendants in two separate Fair Debt Collection Practices Act cases, determining that entities that purchase debts do not have to disclose the chain of title detailing how they came to acquire those debts in the initial collection letters.
Appeals Court Upholds Ruling For Creditor in RFDCPA Case first appeared on AccountsRecovery.net. Appeals Court Upholds Ruling For Creditor in RFDCPA Case appeared first on AccountsRecovery.net. ” … The post Calif. ” … The post Calif. The post Calif.
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. A copy of the ruling in the case of Morgan v. Bank of America can be … The post Wash.
Proposed amendments to New York Citys rules governing debt collection have drawn significant scrutiny from trade groups outside the collection industry, most notably the American Financial Services Association (AFSA), which submitted a comment letter last week regarding the proposed amendments. What theyre saying: Learn more.
A District Court judge in Oklahoma has granted a defendant’s motion to dismiss a Fair Debt Collection Practices Act case, ruling the defendant did not violate the statute because it failed to notify the original creditor that the debt had been disputed by the plaintiff.
A District Court judge in Wisconsin has granted a defendant’s motion to dismiss after it was sued for violating the Fair Debt Collection Practices Act because it allegedly failed to correctly identify the creditor to whom a debt was owed in a collection letter. A copy of the ruling in the case of Fellenz v.
SENATE BILL SEEKS TO PLACE RESTRICTIONS ON MEDICAL DEBT COLLECTION A bill has been introduced in the Senate that seeks to cap the interest rate that can be charged on unpaid medical debts, create a private right of action, and force providers to wait 180 days after a bill has been sent before engaging in … The post Daily Digest – December 5.
A District Court judge in Michigan has granted a defendant’s motion to dismiss after it was sued for allegedly violating the Fair Debt Collection Practices Act by contacting the plaintiff after she had disputed the debt in question with the original creditor and for making a “hard inquiry” on her credit report.
A District Court judge in New York has granted a defendant’s motion for summary judgment in a Fair Debt Collection Practices Act class action case, determining that the plaintiff lacked standing to sue because he did not suffer a concrete injury after alleging the defendant violated the statute by sending a collection letter to the … The (..)
A District Court judge in New York has agreed to adopt a Magistrate Judge’s recommendation that a defendant’s motion for judgment on the pleadings be granted after it was sued for violating the Fair Debt Collection Practices Act because it allegedly did not properly identify the creditor to whom a debt was owed in a … The post Judge (..)
A District Court judge in Wisconsin has granted a defendant’s motion for summary judgment in a Fair Debt Collection Practices Act class-action case, determining that the plaintiff lacked standing to sue because he took no action to clarify his confusion over whom he should pay after receiving a collection letter from the defendant.
A Senate committee in the Washington state legislature has advanced a medical debt collection bill that could significantly change how medical debt is reported and enforced. Learn more.
A District Court judge in Florida has granted a defendant’s motion for summary judgment in a Fair Debt Collection Practices Act case, while also pointing out that the legal theory put forth by the plaintiff’s attorney has been “tartly” rejected by other courts and “does not improve by repetition.”
CREDITOR FACING PAIR OF LAWSUITS FOR VIOLATING REG F’S 7-IN-7 PROVISION A pair of lawsuits have been filed against a creditor, accusing it of violating the Rosenthal Fair Debt Collection Practices Act because the creditor allegedly violated the 7-in-7 call frequency restrictions of Regulation F in attempting to collect on an unpaid debt.
A District Court judge in New Jersey has granted a defendant’s motion to dismiss a third-party complaint filed against it by a collection law firm over issues with a wage garnishment. The background: The dispute began when the plaintiff, a consumer, owed a debt which the law firm was assigned to collect.
Suit Accuses Collector of Failing to Identify Creditor; Collector Not Liable for Wrong-Number Calls first appeared on AccountsRecovery.net. Suit Accuses Collector of Failing to Identify Creditor; Collector Not Liable for Wrong-Number Calls appeared first on AccountsRecovery.net. The post Daily Digest – November 18.
A District Court judge in New Jersey has granted a defendant’s motion to dismiss after it was sued for allegedly violating the Fair Debt Collection Practices Act because the plaintiff claimed the amount cited as being owed in a collection letter was inaccurate and that the plaintiff did not owe the debt to the current … The post Judge Grants (..)
Class Action Accuses Collector of Using Inaccurate Creditor Name; State Court Judge Dismisses Suit for Lack of Standing first appeared on AccountsRecovery.net. Class Action Accuses Collector of Using Inaccurate Creditor Name; State Court Judge Dismisses Suit for Lack of Standing appeared first on AccountsRecovery.net.
A District Court judge granted a defendant’s motion for summary judgment in a Fair Debt Collection Practices Act case, ruling that the plaintiff’s claims were barred because they should have been addressed in an earlier case instead of a separate lawsuit being filed.
In a case that was defended by Jin Shin and the team at Malone Frost Martin, a District Court judge in Illinois has reversed himself and granted a defendant’s motion for reconsideration, undoing class certification and summary judgment in favor of the plaintiff, and awarding summary judgment to the defendant in a Fair Debt Collection … (..)
If your business is struggling to pay its debts when they fall due, its important to keep in mind what are creditors rights during insolvency proceedings? As a director of an insolvent company, your overriding duty moves from maximising profits for the owners to preventing further losses, with creditors repayments in mind.
BEDARD DISCUSSES VALIDATION INFORMATION EXCEPTION With every rule, there is always an exception and the Consumer Financial Protection Bureau’s debt collection rule, known officially as Regulation F, is no different.
COLLECTOR NOT OBLIGATED TO NOTIFY CREDITOR OF DISPUTE A judge in Oklahoma has granted a motion to dismiss, ruling the defendant was not obligated under the Fair Debt Collection Practices Act to notify the original creditor that a debt was being disputed.
Debt collectors are conduits — vessels trying to help original creditors recover unpaid debts. Oftentimes, the creditors will make requests or want certain offers included in letters sent to individuals. What happens when a creditor wants to make an offer as a means of trying to get an individual to repay a debt?
A District Court judge in California has granted a defendant’s motion to dismiss after it was accused of violating the Fair Debt Collection Practices Act and the Rosenthal Fair Debt Collection Practices Act by attempting to collect on a debt that had been discharged in bankruptcy.
A coalition of District Attorneys from across the state of California have reached a settlement with Synchrony Bank that will see the creditor pay $3.5 million in fines and restitution after it was sued for making “unreasonably frequent and harassing” phone calls to individuals in California attempting to collect on unpaid debts.
The legal system is an “ineffective vehicle” for collecting unpaid debts for both plaintiffs and defendants, according to research conducted by the Utah Bar Foundation, in conjunction with Pew Charitable Trusts, showing that showing up to defend against a collection lawsuit often leads to more debt while judgments obtained by plaintiffs (..)
Commercial Collection Agencies of America has elected its new Board of Directors and has announced the slate of officers of the organization. Board members include Pete Roth of CST Company, Fred Wasserspring of Lyon Collection Services, Inc., David Herer of ABC-Amega, Inc., David Herer of ABC-Amega, Inc.,
January, more commonly known in the industry as Debtsy, has raised $10 million to help it achieve its goal of becoming a “tech-enabled collections agency service that collects the debt on behalf of creditors in a civilized way,” according to a published report.
A battle between a failed partnership between a creditor and a collection agency has spilled over into the Court of Appeals for the Eleventh Circuit, with a panel of judges yesterday affirming a lower court’s decision not to award the creditor attorney’s fees after it accused the agency of breaching the terms of their agreement … (..)
The Minnesota Department of Commerce has assessed a $10,000 fine against a creditor — but stayed $2,500 of the penalty — for engaging in unlicensed debt collection activity in violation of state law. A copy of the consent order with CreditNinja can be accessed by clicking here.
A District Court judge in Michigan has dismissed class-action claims made by a plaintiff that debt collection calls made by a creditor to a consumer’s cell phone without consent in an attempt to reach the plaintiff’s brother violated the Telephone Consumer Protection Act because the equipment used by the defendant to make the calls did (..)
A company that is building a platform for creditors to automate processes for collecting on unpaid debts using artificial intelligence and machine learning has announced that it has raised an additional $42 million, bringing the total amount it has raised to $140 million.
As the light the end of the metaphorical-pandemic tunnel gets brighter, creditors may be questioning whether sending consumers to collections is appropriate. Our message to creditors is simple. Absolutely send those consumers to collections. Because it is not a punishment to do so.
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