Account Recovery

OCTOBER 3, 2022

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.

Creditors 246

Creditors Fair Debt Collection Original Creditor Collections 246

Account Recovery

DECEMBER 11, 2020

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. … The post Wisc.

Creditors 246

Creditors Fair Debt Collection Collections 246

Account Recovery

OCTOBER 26, 2021

Judge Denies Defendant’s Motion in FDCPA BK Case; Creditor Fined $10k For Collecting Debts in Different Name appeared first on AccountsRecovery.net. Judge Denies Defendant’s Motion in FDCPA BK Case; Creditor Fined $10k For Collecting Debts in Different Name appeared first on AccountsRecovery.net.

Creditors 246

Creditors Fair Debt Collection Collections Bankruptcy 246

Account Recovery

OCTOBER 22, 2024

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.

Fair Debt Collection 130

Fair Debt Collection Collections Bankruptcy Judgment 130

Account Recovery

OCTOBER 27, 2021

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.

Creditors 246

Creditors Fair Debt Collection Original Creditor Collections 246

Account Recovery

MAY 12, 2022

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 (..)

Creditors 246

Creditors Fair Debt Collection Judgment Collections 246

Account Recovery

AUGUST 7, 2020

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 (..)

Creditors 246

Creditors Fair Debt Collection Judgment Collections 246

Account Recovery

JANUARY 14, 2021

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.

Creditors 242

Creditors Fair Debt Collection Judgment Collections 242

Account Recovery

AUGUST 17, 2021

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.”

Creditors 246

Creditors Fair Debt Collection Judgment Collections 246

Account Recovery

NOVEMBER 19, 2024

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.

Chapter 7 bankruptcy 130

Chapter 7 bankruptcy Fair Debt Collection Bankruptcy Collections 130

Account Recovery

NOVEMBER 15, 2022

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.

Creditors 246

Creditors Fair Debt Collection Collections 246

Account Recovery

NOVEMBER 9, 2020

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 (..)

Creditors 236

Creditors Fair Debt Collection Collections 236

Account Recovery

NOVEMBER 18, 2022

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.

Creditors 246

Creditors Fair Debt Collection Collections 246

Account Recovery

JANUARY 13, 2023

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.

Creditors 246

Creditors Fair Debt Collection Law Firms Original Creditor 246

Account Recovery

APRIL 28, 2021

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 … (..)

Creditors 241

Creditors Fair Debt Collection Judgment Collections 241

Account Recovery

NOVEMBER 11, 2024

The background: The plaintiff claimed that the defendant attempted to collect a debt that it had purchased from the original creditor. The background: The plaintiff claimed that the defendant attempted to collect a debt that it had purchased from the original creditor. The ruling: Judge Jamel K.

Fair Debt Collection 130

Fair Debt Collection Original Creditor Creditors Collections 130

Account Recovery

OCTOBER 3, 2022

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.

Student loans 231

Student loans Student Loans Creditors Loans 231

Account Recovery

APRIL 6, 2025

The Court of Appeals for the Fourth Circuit on Friday partially reversed the dismissal of a Fair Debt Collection Practices Act case over whether the plaintiff meets the statute’s definition of “consumer” and whether the debt is still a debt. Read the ruling.

Chapter 7 bankruptcy 130

Chapter 7 bankruptcy Fair Debt Collection Creditor's Rights Bankruptcy 130

Account Recovery

JUNE 1, 2021

NDCA Judge Grants MTD in FDCPA Case Over Creditor ID in Letter; Sixth Circuit Jumps on Standing Bandwagon appeared first on AccountsRecovery.net.

Creditors 214

Creditors Fair Debt Collection Original Creditor Collections 214

Account Recovery

JANUARY 10, 2025

Navigating the new world of digital collections can be tricky and is opening up new litigation doors that the industry has never really had to deal with before. The background: Back in April, the plaintiff received a collection letter from the defendant for an unpaid debt owed to a pest control company. Learn more.

Original Creditor 130

Original Creditor Fair Debt Collection Creditors Collections 130

Account Recovery

AUGUST 5, 2022

A copy of the … The post Judge Partially Grants MSJ for Plaintiff in FDCPA Case Over Collecting Incorrect Amount appeared first on AccountsRecovery.net.

Fair Debt Collection 246

Fair Debt Collection Collections Judgment Creditors 246

Account Recovery

DECEMBER 30, 2024

A District Court judge in Minnesota has awarded 25% of the attorney’s fees sought by the plaintiff in a Fair Debt Collection Practices Act case, ruling the plaintiff’s request unreasonable for a number of reasons. The background: The case stemmed from attempts to collect on a 2007 mortgage loan.

Law Firms 130

Law Firms Fair Debt Collection Creditors Loans 130

Account Recovery

MARCH 24, 2021

One creditor is running into some legal trouble because it doesn’t. Do you still have copies of your policies and procedures lying around from 2005?

Fair Debt Collection 242

Fair Debt Collection Collections Judgment Creditors 242

Account Recovery

OCTOBER 12, 2021

Judge Grants MSJ For Defense in FDCPA Case; Analysis Breaks Down CFPB Collection Complaints appeared first on AccountsRecovery.net.

Fair Debt Collection 244

Fair Debt Collection Law Firms Collections Bankruptcy 244

Account Recovery

FEBRUARY 18, 2025

A District Court judge in Maryland has granted a motion to dismiss claims that a creditor and a collection law firm violated the Fair Debt Collection Practices Act and state consumer protection laws, ruling that the plaintiffs allegations failed to plausibly demonstrate any unlawful conduct.

Credit Card Debt 130

Credit Card Debt Fair Debt Collection Law Firms Creditors 130

Account Recovery

NOVEMBER 5, 2024

The Federal Trade Commission has filed a lawsuit and received a temporary restraining order freezing the assets and taking control over a Georgia-based debt collection agency, Global Circulation, Inc., after it was accused of using deceptive and abusive tactics to collect debts from consumers.

Debt collector 130

Debt collector Fair Debt Collection Collection Agencies Collections Agency 130

Account Recovery

JANUARY 13, 2025

A District Court judge in Arizona has granted a defendant’s motion to dismiss a Fair Debt Collection Practices Act case, ruling that the plaintiff failed to sufficiently establish the defendant’s status as a “debt collector” under the statute and did not plead adequate facts to support the alleged violations.

Debt collector 130

Debt collector Fair Debt Collection Original Creditor Creditors 130

Account Recovery

JANUARY 25, 2021

A District Court judge in Indiana has granted a defendant’s motion to dismiss after it was sued for violating the Fair Debt Collection Practices Act because the internal account numbers it referenced in two collection letters — seeking to collect the same debt owed to the same creditor — were different.

Fair Debt Collection 227

Fair Debt Collection Collections Creditors 227

Account Recovery

NOVEMBER 8, 2024

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.

Fair Debt Collection 130

Fair Debt Collection Collection Agencies Collections Agency Healthcare 130

Account Recovery

OCTOBER 29, 2021

While noting that several instances of a collection letter lacked clarity, a District Court judge in New Jersey nonetheless granted a defendant’s motion to dismiss a Fair Debt Collection Practices Act case, ruling that even a least sophisticated consumer would be able to ascertain the identity of the original creditor and that disputes needed (..)

Fair Debt Collection 246

Fair Debt Collection Original Creditor Creditors Collections 246

Account Recovery

JUNE 1, 2021

A District Court judge in California has granted a defendant’s motion to dismiss after it was sued for allegedly violating the Fair Debt Collection Practices Act because it identified the creditor and the original creditor in a letter, but did not identify the current creditor to whom the debt was owed, with the judge ruling … The post (..)

Creditors 147

Creditors Fair Debt Collection Original Creditor Collections 147

Account Recovery

APRIL 12, 2022

A class-action lawsuit has been filed against a collection agency for allegedly violating the Fair Debt Collection 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.

Fair Debt Collection 241

Fair Debt Collection Original Creditor Collection Agencies Collections Agency 241

Account Recovery

FEBRUARY 18, 2025

More bankruptcies mean higher charge-offs for creditors and increased reliance on third-party collection agencies. With this uptick, regulatory scrutiny may rise, leading to more complaints and lawsuits under laws like the FDCPA (Fair Debt Collection Practices Act) and Regulation F due to errors in handling bankrupt debt.

Fair Debt Collection 130

Fair Debt Collection Law Firms Bankruptcy Judgment 130

Account Recovery

JULY 15, 2022

A District Court judge in California has denied a defendant’s motion to compel arbitration in a Fair Debt Collection Practices Act case, ruling that the collection law firm’s actions were independent of the original creditor, and thus not subject to the original agreement’s arbitration clause.

Fair Debt Collection 246

Fair Debt Collection Law Firms Original Creditor Creditors 246

Account Recovery

AUGUST 13, 2021

Judge Grants MTD in FDCPA Class Action Over Credit Reporting Language in Letter appeared first on AccountsRecovery.net.

Fair Debt Collection 246

Fair Debt Collection Original Creditor Creditors Collections 246

Account Recovery

OCTOBER 18, 2021

A District Court judge in Illinois has granted a plaintiff’s motion to remand a Fair Debt Collection Practices Act case back to state court, while denying the motion for attorney fees and costs, after the plaintiff received two collection emails from the defendant in which the name of the original creditor was slightly different in … The (..)

Fair Debt Collection 246

Fair Debt Collection Original Creditor Creditors Collections 246

True Accord

JANUARY 15, 2025

Email has come a long way from the mass blast messagingdeveloping, customizing, and optimizing intelligent email strategies has shown success in both engagement and repayment rates in debt collection. Why is Email Critical in Collection Communications? Use Cases and TrueAccord Success Stories Surveys show 59.5%

Collections 90

Collections Fair Debt Collection Creditors 90