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Judge Rules Debt Buyer Vicariously Liable for Actions of Collection Law Firm in FDCPA, RFDCPA Case

Account Recovery

The background: The case arose from an attempt to collect a debt owed by the plaintiff, who had defaulted on a loan that was later purchased by the defendant, a debt buyer. The debt buyer referred the plaintiff’s account to a collection law firm to pursue legal action. Learn more.

Law Firms 130
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Judge Denies Defendant’s MSJ in FDCPA Class-Action Over Conflicting Attorney Fee’s Statements

Account Recovery

First, Judge Nelson found that there was a genuine issue of fact as to whether the defendant regularly engages in debt collection activities, a requirement for liability under the FDCPA. The background: The defendant filed an eviction lawsuit against the plaintiff on behalf of a landlord in April 2022. Learn more.

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Can a Debt Collection Law Firm Act as a Debt Collection Agency?

FFGN COLLECT NY

When a debtor owes a creditor money and the creditor is seeking assistance collecting the amount owed, the creditor can either use a collection law firm or a collection agency. Law firms and collection agencies serve the same purpose initially.

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Compliance Digest – September 9

Account Recovery

In this case, a credit-reporting agency defending an FCRA case issued subpoenas to a consumer law firm to determine whether that firm was acting as a credit-repair organization and to learn about its process for creating and sending dispute letters on behalf of consumers. The FDCPA is a strict liability statutory law.

Law Firms 130
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State Supreme Court Upholds Ruling Against Attorney Who Sued Collector

Account Recovery

The Supreme Court of Montana has affirmed a lower court’s ruling against a plaintiff’s attorney who filed suit against a debt collector, another attorney who was hired to collect on a judgment against the plaintiff’s attorney, and a law firm that had agreed to have its offices used for a deposition after a judgment was … The (..)

Law Firms 246
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Ninth Circuit Partially Reverses Grant of Summary Judgment in Favor of Debt Collector in FDCPA Case

Troutman Sanders

District Court for the Southern District of California, granting summary judgment in favor of a debt collector in a Fair Debt Collections Practices Act (FDCPA) case. In doing so, it held that a collection letter, which indicated that the debtor could only dispute the underlying debt in writing, violated the FDCPA.

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What Is a Judgment?

Credit Corp

A judgment is an order issued by a judge or jury to settle a lawsuit. For example, if you fail to pay a debt, the lender can take you to court. In this case, the judge may order you to pay the other party as part of the court’s final judgment. These terms are laid out in the final judgment. What Is a Judgment on Property?