Account Recovery

NOVEMBER 15, 2024

The background: This past March, the plaintiff received a collection letter from the defendant, stating that the plaintiff owed $1,740. The plaintiff contends that the defendant engaged in harassment (1692d) and misrepresentation (1692e) by repeatedly attempting to collect on a debt that it knew was already paid.

Collections 147

Collections Fair Debt Collection Original Creditor Creditors 147

Account Recovery

OCTOBER 14, 2024

A District Court judge in Oklahoma has dismissed yet another “inconvenient” time or place case under the Fair Debt Collection Practices Act in which a plaintiff mails a letter to the defendant requesting or demanding that all future contact between the parties be conducted via email, ruling that both the FDCPA and Regulation F gave the (..)

Fair Debt Collection 246

Fair Debt Collection Collections 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

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

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 7, 2025

The background: The plaintiff alleged she was subjected to repeated collection calls sometimes multiple times per day and more than seven calls in a week to her personal cell phone using an automated telephone dialing system (ATDS) and in which prerecorded messages were used.

Fair Debt Collection 130

Fair Debt Collection Collections Collection Companies 130

Account Recovery

OCTOBER 15, 2024

A Magistrate Court judge in Utah has partially granted a plaintiff’s motion to compel several collection operations to comply with subpoenas in a Fair Debt Collection Practices Act case in which the defendants are attempting to argue they do not meet the statute’s definition of a debt collector.

Debt collector 130

Debt collector Fair Debt Collection Collections 130

Account Recovery

OCTOBER 21, 2024

ACA International on Friday sent out an alert to its members letting them know that the association, on behalf of one of its members, has filed a lawsuit seeking to block the enactment of debt collection rules that are slated to go into effect in New York City in December.

Debt collector 130

Debt collector Collections Fair Debt Collection Collection Agencies 130

Account Recovery

MARCH 27, 2025

A District Court judge in New York has denied motions for summary judgment filed by the plaintiff and the defendant in a Fair Debt Collection Practices Act case over the garnishment of a bank account that may have included funds that were exempt seeking to pay a rental debt from more than two decades ago. […]

Garnishment 147

Garnishment Fair Debt Collection Judgment Banks 147

Account Recovery

NOVEMBER 26, 2024

A collection attorney in New York is facing a class-action lawsuit for allegedly violating the Fair Debt Collection Practices Act and state law when attempting to collect on judgments owed to a bankrupt for-profit university. The background: Technical Career Institutes, Inc.

Chapter 7 bankruptcy 130

Chapter 7 bankruptcy Judgment Creditors Garnishment 130

Account Recovery

MARCH 28, 2025

A District Court judge in Montana has awarded a plaintiff more than $15,000 in fees and damages in a Fair Debt Collection Practices Act case after the defendant allegedly withdrew $240 in extra payments after the debt had been settled.

Fair Debt Collection 130

Fair Debt Collection Collections 130

Account Recovery

NOVEMBER 22, 2024

This appears on its face to be a Fair Debt Collection Practices Act class-action lawsuit that should serve as a reminder that when making calls to consumers, either double check the time zones or only make calls when all time zones are inside the appropriate window to be contacted. Learn more.

Fair Debt Collection 130

Fair Debt Collection Collections 130

Account Recovery

SEPTEMBER 16, 2024

A District Court judge in Maryland has denied a defendant’s motion to compel arbitration in a Fair Debt Collection Practices Act (FDCPA) case, ruling that the defendant waived its right to arbitrate by engaging in prior litigation. Learn more.

Collections 246

Collections Fair Debt Collection Personal loans Loans 246

Account Recovery

JUNE 6, 2023

The California Department of Financial Protection and Innovation yesterday announced three enforcement actions against different debt collection operations, for attempting to collect in the state without having or applying for a license and also making false or misleading representations when attempting to collect on a debt i n violation of the Fair (..)

Fair Debt Collection 246

Fair Debt Collection Collections 246

Account Recovery

JULY 29, 2022

A District Court judge in New Jersey has denied a defendant’s motion to dismiss and a motion for sanctions against the plaintiff in a Fair Debt Collection Practices Act case that is accusing a law firm of improperly adding a collection fee in an itemization table included in a summons that was attempting to recover … The post Judge Denies (..)

Fair Debt Collection 246

Fair Debt Collection Collections Law Firms 246

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

MARCH 3, 2023

… The post Judge Partially Denies MJOP in FDCPA, TCPA Case Over Collection Texts first appeared on AccountsRecovery.net. The post Judge Partially Denies MJOP in FDCPA, TCPA Case Over Collection Texts appeared first on AccountsRecovery.net.

Fair Debt Collection 242

Fair Debt Collection Collections Judgment 242

Account Recovery

NOVEMBER 22, 2022

The post Judge Grants MTD in FDCPA Case Over Collection of BK Debt appeared first on AccountsRecovery.net.

Fair Debt Collection 246

Fair Debt Collection Collections Bankruptcy 246

Account Recovery

JANUARY 21, 2025

A collection operation is facing a Fair Debt Collection Practices Act lawsuit for sending a letter to the plaintiff attempting to collect on an unpaid insurance debt because it should have known that the plaintiff was the victim of identity theft and fraud from “sophisticated con-artists in a widespread fraudulent scheme.”

Collections 130

Collections Fair Debt Collection 130

Account Recovery

SEPTEMBER 1, 2022

A District Court judge in Indiana has granted a defendant’s motion for summary judgment in a Fair Debt Collection Practices Act case, ruling the plaintiff did not suffer a concrete injury after receiving two collection letters from the defendant on the same day — each signed by a different attorney.

Fair Debt Collection 245

Fair Debt Collection Collections Judgment 245

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

DECEMBER 5, 2024

A state Appeals Court in Wisconsin has affirmed the certification of a class in a Fair Debt Collection Practices Act case, agreeing with the lower court that the plaintiff’s claims were not mooted by an offer of individual relief made by the defendant.

Fair Debt Collection 130

Fair Debt Collection 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

SEPTEMBER 26, 2022

The threshold for establishing that you suffered a concrete injury in violation of the Fair Debt Collection Practices Act upon receiving a collection letter may be higher than its ever been for a plaintiff, but I think everyone can agree that claiming you did not even appear to read it is going to cause problems … The post Not Reading Collection (..)

Fair Debt Collection 246

Fair Debt Collection Collections 246

Account Recovery

JANUARY 9, 2025

A District Court judge in Illinois has granted a defendant’s motion to dismiss a Fair Debt Collection Practices Act case, ruling the plaintiff lacked standing after alleging violations related to a disputed debt originating from identity theft.

Fair Debt Collection 130

Fair Debt Collection Retail Banks Collections 130

Account Recovery

DECEMBER 27, 2024

A District Court judge in Michigan has denied a defendant’s motion to dismiss and stayed a case in which the defendant is accused of violating the Fair Debt Collection Practices Act and state law in Michigan while a state court determines whether or not the underlying debt is for personal or business reasons.

Fair Debt Collection 130

Fair Debt Collection Collections 130

Account Recovery

DECEMBER 15, 2022

The post Judge Denies MTD in FDCPA Case Over Attempt to Collect Unrelated Court Costs appeared first on AccountsRecovery.net.

Fair Debt Collection 246

Fair Debt Collection Collections 246

Account Recovery

MARCH 24, 2025

In a case that was defended by the team at Barron & Newburger, the Court of Appeals for the Seventh Circuit has reversed a lower court’s ruling in favor of a plaintiff in a Fair Debt Collection Practices Act (FDCPA) case over the timing of when the defendant notified credit reporting agencies that the debt […]

Fair Debt Collection 130

Fair Debt Collection Collections 130

Account Recovery

MARCH 24, 2025

The Court of Appeals for the Eighth Circuit has upheld a ruling in favor of a defendant that was sued for violating the Fair Debt Collection Practices Act, deciding that a default judgment obtained in state court is “conclusive” from the perspective of establishing the facts of a case.

Judgment 130

Judgment Fair Debt Collection Collections Credit Management 130

Account Recovery

OCTOBER 24, 2024

A California Appeals Court has overturned a lower court’s dismissal of a Fair Debt Collection Practices Act case, ruling that even a mistaken attempt to collect a debt from the wrong person can be subject to liability.

Fair Debt Collection 130

Fair Debt Collection Collections 130

Account Recovery

FEBRUARY 7, 2025

A District Court judge in Florida has granted a plaintiff’s motion for summary judgment in a Fair Debt Collection Practices Act case, ruling that a collection law firm used an invalid garnishment order to collect on the subject debt. The decision, issued by Judge William F. Learn more.

Garnishment 130

Garnishment Credit Card Debt Fair Debt Collection Law Firms 130

Account Recovery

MARCH 10, 2025

A District Court judge in Michigan has granted a defendant’s motion to dismiss a Fair Debt Collection Practices Act case on the grounds that not removing a dispute notification on the plaintiff’s credit report is not a false or misleading statement in connection with the collection of a debt.

Fair Debt Collection 130

Fair Debt Collection Collections 130

Account Recovery

SEPTEMBER 20, 2024

A collector is being sued for violating the Fair Debt Collection Practices Act because it attempted to collect a debt that the plaintiff alleges he did not incur. The background: The plaintiff received a phone call from the defendant last month, seeking to collect on an unpaid utility debt.

Collections 246

Collections Fair Debt Collection 246

Account Recovery

DECEMBER 16, 2024

Native American communities are disproportionately impacted by medical debt, with systemic billing and reimbursement issues leading to wrongful collections and credit reporting that violate federal law. By the numbers: Zoom in: Missteps in the PRC billing process often result in delayed payments or wrongful collections.

Debt collector 130

Debt collector Fair Debt Collection Collections Healthcare 130

Account Recovery

AUGUST 22, 2022

Judge Denies MTD in FDCPA Case; Consumers Paying More for Healthcare Leads to Lower Collection Rates appeared first on AccountsRecovery.net.

Healthcare 246

Healthcare Fair Debt Collection Collections 246

Account Recovery

OCTOBER 25, 2022

Collection Firm Accused of Sending MVN to Represented Individual; Judge Denies Motion to Remand FDCPA Case Back to State Court appeared first on AccountsRecovery.net.

Law Firms 245

Law Firms Fair Debt Collection Collections 245

Account Recovery

MARCH 13, 2025

Frost Echols, representing the defendant a collection agency in this case, discovered the irregularities after attempting to depose the plaintiff. The law firm agreed to pay a total of $50,000, with $35,000 going to the collection agency defendant and $15,000 to the plaintiff. Read the consent decree.

Law Firms 130

Law Firms Collection Agencies Collections Agency Fair Debt Collection 130