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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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How To Remove Portfolio Recovery From Your Credit Report

Better Credit Blog

Portfolio Recovery Associates, LLC, is a collection agency that buys old debts from lenders and companies that have been unable to collect the debt themselves. Portfolio Recovery buys multiple accounts with old debt from companies that have given up and “charged off” the accounts. Ask Lex Law for Help.

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New York City DCA Issues Covert Regs Governing Interactions with Consumers Who Do Not Speak English

BN Lawyers

On June 11, 2020, the New York City Department of Consumer Affairs (“DCA”) released amendments to its debt collection regulations aimed at addressing communications with consumers who may have limited English proficiency (the “Amendments”). 6 RCNY § 62-193(b)(5). See 6 RCNY § 5-77(d)(19). 6 RCNY § 5-77(f)(2)(vii) and (viii).

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How to Remove Collection Accounts from Your Credit Reports

Credit Corp

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.

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District Court Takes Expansive View of "Deceptive or Misleading" Practices under FDCPA

Consumer Financial Services Law

By Zachary Dunn The FDCPA prohibits a debt collector from using “any false, deceptive, or misleading representation” in connection with the collection of a debt. and Bank of America responded by placing Islam’s account with American Recovery Service (“ARS”) for collection. See 15 U.S.C. In Islam v.

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The Limits On Direct And Vicarious Liability Under The FDCPA

FDCPA Defense

Debt buyers are being sued based on the conduct of their agencies and law firms. Lawyers and agency owners are being sued based on the conduct of their clients and their collectors. Even original creditors, who are not subject to the FDCPA, are being drawn into FDCPA litigation under various theories of recovery.

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Can Recent Enforcement Actions Provide Guidance On The CFPB’s Position On UDAAPs?

FDCPA Defense

The Dodd-Frank Act gave the Consumer Financial Protection Bureau (“CFPB”) sweeping authority to prohibit the use of “unfair, deceptive or abusive” acts or practices (“UDAAPs”) in connection with the collection of consumer debts. The Asset Consent Decree also reflects the FTC’s hostility to collecting time-barred debts.

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