Account Recovery

FEBRUARY 23, 2022

A class action lawsuit has been filed in North Carolina federal court against a hospital network and the collection agency it uses, accusing them of violating state law in North Carolina as well as the Fair Debt Collection Practices Act by overcharging him for a visit to the emergency room and using “aggressive, manipulative, and … The (..)

Debt collector 243

Debt collector Fair Debt Collection Collection Agencies Collections Agency 243

Account Recovery

AUGUST 13, 2021

The Attorney General of Georgia has announced a settlement with a company that was accused of violating the Fair Debt Collection Practices Act and state law in Georgia that will see the company turn over $19.8 million worth of accounts and pay a fine of $41,500.

Debt collector 246

Debt collector Fair Debt Collection Collections 246

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

DECEMBER 19, 2024

A District Court Judge in Washington has granted a motion to dismiss filed by all the defendants in a Fair Credit Reporting Act and Fair Debt Collection Practices Act case, ruling that the plaintiff failed to adequately allege that the defendants actions were impermissible under the law. Learn more.

Creditworthiness 130

Creditworthiness Debt collector Fair Debt Collection Collections 130

Account Recovery

JANUARY 15, 2025

A District Court judge in Florida has denied a defendant’s motion to dismiss claims it violated the Fair Debt Collection Practices Act and the Florida Consumer Collections Practices Act in a ruling that seems potentially problematic in terms of the definition of debt collector and when a debt is in default.

Debt collector 130

Debt collector Fair Debt Collection Consumer Collections Collections 130

Account Recovery

MARCH 4, 2025

Don’t look now, but there was an enforcement action involving a debt collection company announced by a federal regulator. The claims: The complaint accuses the defendants of multiple illegal practices. First, they allegedly misrepresented themselves as attorneys or members of a law firm.

Collections 130

Collections Fair Debt Collection Garnishment Law Firms 130

Account Recovery

FEBRUARY 17, 2021

STUDENT LOAN COLLECTION BILL INTRODUCED IN COLORADO Legislators in Colorado are moving forward with a bill aimed at overhauling student loan collection in the state, which, if enacted would create several conflicts with the Colorado Fair Debt Collection Practices Act for debt collectors.

Student Loans 246

Student Loans Student loans Loans Fair Debt Collection 246

Account Recovery

FEBRUARY 5, 2025

The Court of Appeals for the Eleventh Circuit has affirmed a lower court’s ruling for the plaintiffs in a Fair Debt Collection Practices Act case over convenience fees, ruling loan servicers are prohibited from charging anything not expressly authorized by the underlying agreement or permitted by law. Learn more.

Loans 130

Loans Debt collector Fair Debt Collection Trade 130

Account Recovery

MARCH 21, 2022

Appeals Court Upholds Subpoena for Collector; How Reg F Has Changed Collections appeared first on AccountsRecovery.net.

Fair Debt Collection 246

Fair Debt Collection Debt collector Collections 246

Account Recovery

FEBRUARY 23, 2022

A bill has been introduced in Congress that would expand the Fair Debt Collection Practices Act to cover small business debts in order to protect those companies from “harassment” by third-party debt collectors, according to the bill’s sponsor.

Third-party Debt Collectors 246

Third-party Debt Collectors Fair Debt Collection Debt collector Collections 246

Account Recovery

OCTOBER 2, 2020

The second time before the Ninth Circuit Court of Appeals turned out to be the charm for a debt collector that was accused of violating the Fair Debt Collection Practices Act by attempting to collect more than what was owed after a hospital made a billing error.

Fair Debt Collection 241

Fair Debt Collection Collections Debt collector Judgment 241

Account Recovery

DECEMBER 16, 2022

Suit Accuses Collector of Attempting to Collect on Non-Existent Lease; Cap One to Pay $2M to Settle Collection Enforcement Action first appeared on AccountsRecovery.net. The post Daily Digest – December 16.

Fair Debt Collection 246

Fair Debt Collection Collections Debt collector 246

Account Recovery

JANUARY 17, 2022

When is a communication from a debt collector not an attempt to collect a debt? If it says so in a letter to an attorney representing a consumer, is that enough?

Fair Debt Collection 246

Fair Debt Collection Collections Debt collector Judgment 246

Account Recovery

DECEMBER 15, 2020

Debt collectors, for as long as the Fair Debt Collection Practices Act has been in effect, have had rules about when it is ok and when it is not ok to speak with consumers.

Fair Debt Collection 246

Fair Debt Collection Collections Debt collector 246

Account Recovery

NOVEMBER 18, 2024

A District Court judge in Maryland has granted a defendant’s motion to dismiss a Fair Debt Collection Practices Act lawsuit after it was accused of not responding to a validation request from the consumer, pointing out that the defendant doesn’t necessarily have to respond, as long as it doesn’t attempt to collect on the debt.

Debt collector 130

Debt collector Fair Debt Collection Collections 130

Account Recovery

DECEMBER 12, 2024

A District Court judge in Mississippi has approved a settlement in a Fair Debt Collection Practices Act class action that will see the defendant pay $14,000 to the plaintiffs and their attorneys. The $14,000 settlement includes $8,000 in compensation for the class members and $6,000 to cover attorney fees. Learn more.

Fair Debt Collection 130

Fair Debt Collection Debt collector Collections 130

Account Recovery

JANUARY 29, 2025

The Court of Appeals for the Seventh Circuit has overturned a lower court’s ruling in favor of the defendant in a Fair Debt Collection Practices Act case, ruling that the defendants lack of knowledge about a prior dispute did not absolve it of its obligations under the FDCPA.

Credit Unions 130

Credit Unions Credit Unions Credit Card Debt Fair Debt Collection 130

Account Recovery

MARCH 10, 2025

ROBBIN LAW: After the New York Attorney General Letitia James (NYAG) recent crack downs on debt collectors violations of New Yorks Exempt Income Protection Act (EIPA), the NYAG has provided debtors with a guide on their rights under the EIPA. More details here. WHAT THIS MEANS, FROM JACQUELYN DICICCO OF J. More details here.

Debt collector 130

Debt collector Fair Debt Collection Debtor Judgment 130

Account Recovery

NOVEMBER 16, 2021

Judge Denies Plaintiff’s Motion to Remand FDCPA Case; Bank Settles Collection Call Lawsuit For $3.5M appeared first on AccountsRecovery.net.

Banks 240

Banks Fair Debt Collection Debt collector Collections 240

Account Recovery

JUNE 30, 2021

This includes debt collectors and their compliance with the Fair Debt Collection Practices Act, which … The post CFPB Releases Supervisory Highlights, Spotlight Issues Found During Examinations of Collection Operations appeared first on AccountsRecovery.net.

Fair Debt Collection 217

Fair Debt Collection Collections Debt collector 217

Account Recovery

MAY 24, 2021

A Magistrate judge in Texas has recommended that a Fair Debt Collection Practices Act case against a first-party debt collector be dismissed because the plaintiff did not do enough to argue that the defendant meets the definition of debt collector under the statute.

Fair Debt Collection 246

Fair Debt Collection Debt collector Collections 246

Account Recovery

FEBRUARY 20, 2025

A District Court judge in Michigan has denied a defendant’s motion for judgment on the pleadings in a Fair Debt Collection Practices Act case, ruling that the defendants attempt to impose a 5% interest rate on the debt without clear contractual or legal authorization may constitute a violation of the FDCPA.

Fair Debt Collection 130

Fair Debt Collection Debt collector Judgment Collections 130

Account Recovery

JANUARY 19, 2022

Congress made a mistake when it drafted Section 1692c(b) of the Fair Debt Collection Practices Act, which prohibits communicating information about a debt with third parties because the way the statute is written, “there would be no corporate debt collectors because debt collectors would violate the FDCPA ever single time they communicated about (..)

Fair Debt Collection 246

Fair Debt Collection Debt collector Collections 246

American Profit Recovery

MAY 23, 2024

There are countless myths about debt collectors and the debt collection industry as a whole. Debt collections in many circumstances can be a complex situation for both the business trying to recover money and the consumer trying to navigate financial difficulty. Can a business pursue additional legal action?

Debt collector 154

Debt collector Collection Agencies Collections Agency Fair Debt Collection 154

Account Recovery

JANUARY 29, 2025

The background: The case originated when the plaintiff’s delinquent account was placed with the defendant for collection in July 2021. Beginning in September of that year, the defendant began reporting the debt to credit reporting agencies.

Fair Debt Collection 130

Fair Debt Collection Debt collector Judgment Collections 130

Account Recovery

SEPTEMBER 9, 2022

The Consumer Financial Protection Bureau wants debt collectors to know that if they are collecting or attempting to collect debts on behalf of nursing home clients that require caregivers to personally guarantee payment of a resident’s bills — which violates federal law — the collector may be in violation of the Fair Debt Collection (..)

Fair Debt Collection 246

Fair Debt Collection Debt collector Collections 246

Account Recovery

JANUARY 19, 2022

Preferred Files Brief with Eleventh Circuit; Regulator Revokes Agency’s License appeared first on AccountsRecovery.net.

Fair Debt Collection 246

Fair Debt Collection Debt collector Collections 246

Account Recovery

APRIL 21, 2021

The Eleventh Circuit Court of Appeals has overturned a lower court’s ruling that a debt collector did not violate the Fair Debt Collection Practices Act when it sent an individual’s personal information to a letter vendor to have a collection letter sent to that person.

Fair Debt Collection 246

Fair Debt Collection Debt collector Collections 246

Account Recovery

FEBRUARY 24, 2025

In a case that was defended by the team at Martin Golden Lyons Wats Morgan, a District Court Judge in Colorado has granted a defendant’s motion for summary judgment in a Fair Debt Collection Practices Act lawsuit, ruling that the debt collector did not violate the statutes debt verification requirements.

Fair Debt Collection 130

Fair Debt Collection Debt collector Judgment Collections 130

Account Recovery

APRIL 23, 2021

Preferred Collection and Management Services, a class-action lawsuit has been filed in New York federal court accusing a debt collector of violating Section 1692c(b) and 1692f of the Fair Debt Collection Practices Act … The post First Class-Action Suit, post-Hunstein, Filed in N.Y.

Fair Debt Collection 246

Fair Debt Collection Debt collector Collections Healthcare 246

Account Recovery

MAY 4, 2021

The number of 1692c(b) lawsuits alleging that a debt collector communicated information with a third party in violation of the Fair Debt Collection Practices Act continues to explode in the weeks following the Eleventh Circuit Court of Appeals’s ruling in Hunstein v.

Fair Debt Collection 245

Fair Debt Collection Debt collector Collections 245

Account Recovery

JANUARY 30, 2025

The Court of Appeals for the Seventh Circuit has affirmed a lower court’s ruling in favor of the defendant in a Fair Debt Collection Practices Act and Telephone Consumer Protection Act case, ruling that the plaintiff failed to provide sufficient evidence to support his claims.

Fair Debt Collection 130

Fair Debt Collection Debt collector Collections Credit Management 130

Account Recovery

SEPTEMBER 14, 2020

Judge Grants MTD in Student Loan Collection Case; Unlicensed Debt Collector Arrested in N.C. appeared first on AccountsRecovery.net.

Student Loans 147

Student Loans Student loans Debt collector Loans 147

Account Recovery

MAY 15, 2023

A Magistrate Court judge in Nevada has partially granted a plaintiff’s motion for summary judgment in a Fair Debt Collection Practices Act case — but only on the grounds that there are no genuine issues of material fact that the plaintiff is a consumer, the defendant is a debt collector, and the debt in question …

Fair Debt Collection 246

Fair Debt Collection Debt collector Judgment Collections 246

Account Recovery

OCTOBER 27, 2020

Thanks to the team at Ballard Spahr for noticing that the Consumer Financial Protection Bureau filed an amicus brief in support of a debt collector’s position that it did not violate the Fair Debt Collection Practices Act when it included line items indicating that an individual owed $0.00

Fair Debt Collection 246

Fair Debt Collection Debt collector Collections 246

Account Recovery

APRIL 29, 2021

The number of class-action lawsuits accusing debt collectors of violating the Fair Debt Collection Practices Act by communicating with a third party — a letter vendor — about the existence of a debt when it sent the plaintiff’s personal information to the vendor to be included in and mailed out as a collection letter continues … The post Webinar (..)

Fair Debt Collection 240

Fair Debt Collection Debt collector Collections 240

Account Recovery

JUNE 14, 2022

A District Court judge in Washington has denied a defendant’s motion to dismiss after it was sued for allegedly communicating information about a debt with an unauthorized third party that printed and mailed a collection letter to the plaintiff, ruling that the language of the Fair Debt Collection Practices Act “bars debt collectors from (..)

Fair Debt Collection 245

Fair Debt Collection Debt collector Collections 245