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

SEPTEMBER 21, 2022

Winning a collection lawsuit because the judge ruled there was not a sufficient chain of custody to prove the account was transferred by the original creditor to the entity purchasing the account is not enough evidence that a juror could use to conclude a false statement was made, ruled a District Court judge in Pennsylvania, … The post Dismissal (..)

Collections 246

Collections Original Creditor Creditors 246

Account Recovery

AUGUST 31, 2021

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?

Collections 246

Collections Original Creditor Debt collector Creditors 246

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

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 15, 2024

A consumer has accused a collection operation of violating the Fair Debt Collection Practices Act and accused the collector and original creditor of violating state law in Texas for attempting to collect on a debt for goods and services that were never provided, and which could end up costing the consumer his job.

Fair Debt Collection 130

Fair Debt Collection Creditors Original Creditor Collections 130

Account Recovery

OCTOBER 18, 2024

A consumer in Kentucky is attempting to use the arbitration provision of the underlying agreement between herself and the original creditor as evidence that the defendant violated the Fair Debt Collection Practices Act and state law by filing a collection lawsuit against her.

Fair Debt Collection 246

Fair Debt Collection Original Creditor Lawyers Creditors 246

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

Nexa Collect

AUGUST 8, 2020

Collecting outstanding debt isn’t an easy process. Companies will generally try to collect on their outstanding accounts internally before passing their most egregious cases on to an external debt collection agency. Are collection agencies effective enough to warrant their fees? Collection Rates Drop As Debts Age.

Collection Agencies 130

Collection Agencies Collections Agency Collections Debt Recovery 130

Account Recovery

FEBRUARY 1, 2023

The California Court of Appeals has upheld a lower court’s ruling denying a motion to compel arbitration filed by a collection operation, reaching the same conclusion that the plaintiff never officially consented to arbitration with the original creditor, and allowing a Rosenthal Fair Debt Collection Practices Act case to proceed.

Fair Debt Collection 246

Fair Debt Collection Original Creditor Creditors Collections 246

Nexa Collect

JULY 28, 2020

Collecting outstanding debt isn’t an easy process. Companies will generally try to collect on their outstanding accounts internally before passing their most egregious cases on to an external debt collection agency. Are collection agencies effective enough to warrant their fees? But how wise is this? Absolutely.

Collection Agencies 130

Collection Agencies Collections Agency Collections Debt Recovery 130

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

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 15, 2024

A District Court judge in Pennsylvania has denied a defendant’s motion to dismiss a Fair Debt Collection Practices Act lawsuit, ruling that the plaintiff did in fact dispute a debt when, during a conversation with a representative of the defendant, he said, “the balance seems to be a little off.” The balance on the tradeline was $903.

Fair Debt Collection 130

Fair Debt Collection Original Creditor Creditors Collections 130

Collection Industry News

APRIL 2, 2024

The claim: It is illegal for collection agencies to buy debt and ‘come after you’ if you send a cease-and-desist letter A March 27 Facebook post (direct link, archive link) offers advice for consumers facing debt collection. “It The post also misrepresents the protections in place to prevent harassment by debt collectors.

Collection Agencies 40

Collection Agencies Collections Agency Creditors Third-party Debt Collectors 40

Account Recovery

JULY 15, 2022

JUDGE DENIES MOTION TO COMPEL ARBITRATION IN FDCPA CASE 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 Original Creditor Creditors Collections 246

Nexa Collect

SEPTEMBER 23, 2021

Several collection agencies have been using electronic mediums like emails, social media platforms, and SMS to contact debtors. This approach is significantly different from traditional collection calls and letters. Therefore many collection agencies use a blend of traditional and electronic mediums.

Collections 130

Collections Collection Agencies Collections Agency Debtor 130

Account Recovery

SEPTEMBER 6, 2022

A District Court judge in Illinois has granted a defendant’s motion for summary judgment in a Fair Debt Collection Practices Act case involving how the defendant, and the original creditor, came to be in possession of the plaintiff’s husband’s Social Security number.

Fair Debt Collection 246

Fair Debt Collection Original Creditor Judgment Creditors 246

Account Recovery

DECEMBER 28, 2023

The Washington Court of Appeals has overturned a lower court’s ruling in favor of a collection operation that was sued because the original creditor — a healthcare provider — did not screen the plaintiff to see if he was eligible for charity care, but there is a lot of back-and-forth between both sides over the […]

Healthcare 130

Healthcare Original Creditor Creditors Collections 130

Account Recovery

NOVEMBER 11, 2022

A copy … The post Calif. Appeals Court Upholds Ruling Denying Defendant’s Motion to Compel Arbitration appeared first on AccountsRecovery.net.

Fair Debt Collection 245

Fair Debt Collection Original Creditor Creditors Collections 245

Account Recovery

MARCH 22, 2022

A Magistrate Court judge in New York has awarded the attorneys representing a plaintiff in a Fair Debt Collection Practices Act $11,297 in fees, after the plaintiff accepted an offer of judgment in the amount of $1,050 over a $59 debt that was owed to the original creditor.

Fair Debt Collection 246

Fair Debt Collection Original Creditor Judgment Creditors 246

Account Recovery

NOVEMBER 12, 2021

Is it possible for an individual to sue a debt collector for violating the Fair Credit Reporting Act and Fair Debt Collection Practices Act for allegedly attempting to collect a debt that the individual believes he did not owe, when the individual took no action against the original creditor for placing the allegedly illegitimate debt … The post (..)

Judgment 243

Judgment Fair Debt Collection Original Creditor Debt collector 243

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

Nexa Collect

JUNE 21, 2023

If you ignore a debt collection agency, several potential consequences could affect your financial well-being and peace of mind: Persistent Contact : Debt collection agencies might persist in attempting to contact you through phone calls, letters, and possibly emails. This can be stressful and disruptive.

Collection Agencies 100

Collection Agencies Collections Agency Credit Counselor Garnishment 100

Account Recovery

DECEMBER 27, 2021

Saying that you expended “time, money, and effort” trying to identify what to do when you are confused as to whom the original creditor was after receiving a collection letter is not enough for a plaintiff to have standing to sue, ruled a District Court judge in Maryland, who has granted a defendant’s motion to … The post Judge (..)

Original Creditor 246

Original Creditor Creditors Collections 246

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. A copy […]

Fair Debt Collection 130

Fair Debt Collection Original Creditor Creditors Collections 130

Account Recovery

JUNE 26, 2023

A District Court judge in Utah has denied a defendant’s motion to dismiss in a Fair Credit Reporting Act case, ruling that it did not conduct a reasonable investigation after the plaintiff disputed the debt because both the defendant — the original creditor — and a collection agency were reporting the debt to the credit […] (..)

Original Creditor 130

Original Creditor Collection Agencies Collections Agency Creditors 130

Account Recovery

DECEMBER 27, 2021

Judge Grants MTD in FDCPA Class-Action; Florida Asks CFPB to ‘Reevaluate’ Parts of Reg F appeared first on AccountsRecovery.net.

Original Creditor 246

Original Creditor Creditors Collections 246

Account Recovery

AUGUST 2, 2024

The Background: The background […]

Fair Debt Collection 130

Fair Debt Collection Original Creditor Creditors Collections 130

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

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 (..)

Healthcare 219

Healthcare Fair Debt Collection Original Creditor Creditors 219

American Profit Recovery

DECEMBER 8, 2020

In the not too distant past, a business that hired a collection agency was doing so as a last resort. They had customers that were not paying, they called, sent letters, and decided that the only thing they could do was to get rid of that customer and send them to collections. Getting paid quicker. Keeping your customers.

Collection Agencies 246

Collection Agencies Collections Agency Collections Original Creditor 246

Credit Corp

JUNE 1, 2023

Your credit score may improve if your collection debt is reported to a new credit scoring model—FICO 9®, FICO 10®, VantageScore 3.0® Most creditors still report to old scoring models, so it’s unlikely paying off the debt will improve your credit score. In This Piece: What Is Collections Debt? ® or VantageScore 4.0®.

Collections 126

Collections Debt collector Collection Agencies Collections Agency 126

Credit Corp

SEPTEMBER 12, 2023

You can remove collection accounts from your credit report by disputing inaccuracies, asking for goodwill deletions, or requesting a pay for delete agreement. Collection accounts are bad for your credit score. So if you have a debt in collections, your credit score has likely taken a dip.

Collections 92

Collections Collection Agencies Collections Agency Credit Bureau 92

Account Recovery

MARCH 14, 2023

The National Consumer Law Center has submitted a petition to the Consumer Financial Protection Bureau requesting that original creditors be responsible for furnishing information related to debt collection activity undertaken by third-party debt collectors or debt buyers, and that collectors should be required to review documents like the original (..)

Third-party Debt Collectors 130

Third-party Debt Collectors Original Creditor Debt collector Creditors 130

FFGN COLLECT NY

JULY 20, 2021

153/Thomas) into law, many creditors will need to provide significant documentation in order to file a debt collection action against their non-paying consumers. The proposed law, which the Senate approved in May, shortens the time to collect consumer credit transactions from six years down to three.

Creditors 40

Creditors Collections Credit Unions Credit Unions 40

Nexa Collect

FEBRUARY 14, 2022

By law, all debt collection calls initiated by a collection agency must be recorded and preserved for three years after the date of the call. The primary objective is to check if there was a violation of debt collection laws (FDCPA laws), and those recordings can be reviewed if there is a need. .

Collections 130

Collections Debt collector Debtor Collection Agencies 130