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

Better Credit Blog

AUGUST 31, 2020

Having debt in collections can be downright overwhelming, especially when debt collectors bombard you with dozens of phone calls. Debt collectors are notorious for harassing consumers when they seek repayment, calling excessively and threatening to take actions that may not be legal. What does the FDCPA Apply To?

Fair Debt Collection 53

Fair Debt Collection Third-party Debt Collectors Collections Debt collector 53

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

SEPTEMBER 25, 2024

California Governor Gavin Newsom yesterday signed a trio of bills that will significantly impact the credit and collection industry in the state. These new laws, set to take effect in 2025, will reshape how medical debt is reported, expand consumer protections, and alter the landscape for commercial debt collection.

Creditworthiness 147

Creditworthiness Collections Fair Debt Collection Garnishment 147

Account Recovery

AUGUST 1, 2024

A District Court judge in Nevada has blocked the Federal Trade Commission’s attempt to use the Fair Debt Collection Practices Act to collect on a judgment against a defendant in an enforcement action, who was found liable by a judge back in 2013 for $1.5 The Background: Back in 2011, the FTC accused a […]

Judgment 130

Judgment Fair Debt Collection Collections Trade 130

Account Recovery

SEPTEMBER 24, 2024

For plaintiffs suing collectors for violating the Fair Debt Collection Practices Act, that usually means money. Judges want to see that whatever harm was done to a plaintiff caused that individual some form of financial loss, whether it’s paying a debt or making a payment on a debt or something else.

Collections 237

Collections Fair Debt Collection Debt collector 237

Account Recovery

OCTOBER 11, 2024

The credit and collection sector could be next. Why it matters: As collection agencies, debt buyers, fintechs, banks, and credit unions seek to improve consumer engagement, LLMs offer a potential solution for more natural and effective communication. What’s next: Just as LLMs in AVs operate within certain parameters (e.g.,

Credit Unions 130

Credit Unions Credit Unions Collections Fair Debt Collection 130

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

APRIL 24, 2024

In most Fair Debt Collection Practices Act cases that are started in state court and then removed to federal court, it is the defendant — usually a collection operation of some kind — that is seeking to have the case heard before a federal judge. This time, it’s the other way around.

Fair Debt Collection 147

Fair Debt Collection Collections Banks 147

Account Recovery

AUGUST 26, 2024

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. The ruling: In this ruling, Judge Anthony J.

Law Firms 130

Law Firms Fair Debt Collection Collections Judgment 130

Account Recovery

NOVEMBER 8, 2024

The background: The defendants filed a collection lawsuit against the plaintiff in Nebraska state court attempting to recover a balance of $9,784.03. The claims mentioned are accusations and should be considered as such until and unless proven otherwise.

Law Firms 130

Law Firms Collections Fair Debt Collection 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

OCTOBER 8, 2024

A District Court judge in New York has partially denied a motion to dismiss in a Fair Debt Collection Practices Act case, allowing claims of abusive debt collection practices to move forward after the defendant allegedly sued the plaintiff twice to recover the same debt.

Fair Debt Collection 130

Fair Debt Collection Collections 130

Account Recovery

APRIL 18, 2024

A District Court judge in New York has granted a defendant’s motion to dismiss a Fair Debt Collection Practices Act case, ruling that the communication alleged to have violated the statute does not meet the threshold for being a communication in connection with the collection of a debt.

Fair Debt Collection 130

Fair Debt Collection Collections 130

Collection Industry News

JUNE 14, 2021

Colorado’s Administrator of the Uniform Consumer Credit Code recently amended the rules implementing the state’s Fair Debt Collection Practices Act. Provisions governing collection costs, letters of admonition, and the retention of recorded communications were also amended.

Fair Debt Collection 40

Fair Debt Collection Collections Consumer Credit Government 40

Account Recovery

MARCH 24, 2021

A bill has been introduced in the House of Representatives that would amend the Fair Debt Collection Practices Act to prohibit the collection of any debt for which the statute of limitations has expired. The text of the bill, H.R.2135,

Fair Debt Collection 204

Fair Debt Collection Collections 204

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

MAY 24, 2024

The Connecticut Department of Banking has issued a temporary order to cease and desist against a Texas-based collection agency for operating in the state without the required license. Order and Penalties […]

Fair Debt Collection 130

Fair Debt Collection Collections Collection Agencies Collections Agency 130

Troutman Sanders

SEPTEMBER 12, 2023

PRRS), a collection company, was accused of violating the Colorado Fair Debt Collection Practices Act (CFDCPA) by allegedly illegally collecting or attempting to collect on parking fines that were already paid or were incurred by another vehicle owner. Parking Revenue Recovery Services, Inc.

Fair Debt Collection 52

Fair Debt Collection Collections Collection Companies 52

Foster Swift

MARCH 23, 2023

Sixth Circuit Court of Appeals issued a decision with important implications for parties involved in debt collections regulated under the Fair Debt Collection Practices Act (FDCPA) [1]. The decision, in Bouye v.

Fair Debt Collection 52

Fair Debt Collection Collections 52

Account Recovery

OCTOBER 11, 2024

The plaintiff was seeking assistance with personal legal matters, and the attorney and his firm provided legal representation related to the FDCPA and the Florida Consumer Collection Protection Act. The background: The plaintiff, a Florida resident, originally sought legal representation from one of the defendants in October 2023.

Collections 130

Collections Fair Debt Collection Collection Agencies Collections Agency 130

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

DECEMBER 16, 2022

One of the nation’s largest financial institutions has been ordered by a state court judge in California to pay $2 million after it was accused of violating the Rosenthal Fair Debt Collection Practices Act and the Fair Debt Collection Practices Act by making “harassing and annoying” debt collection calls to its customers.

Fair Debt Collection 246

Fair Debt Collection Collections Financial Institution 246

Account Recovery

OCTOBER 10, 2024

A District Court judge in Virginia has dismissed the majority of claims against several defendants in a Fair Debt Collection Practices Act class-action lawsuit, but allowed one key claim against a collection agency to proceed. Bank National Association. Learn more.

Student Loans 246

Student Loans Student loans Fair Debt Collection Collection Agencies 246

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

Consumer Finance

MARCH 21, 2021

The Consumer Financial Protection Bureau (CFPB) released today the 2020 annual report to Congress on the administration of the Fair Debt Collection Practices Act (FDCPA).

Fair Debt Collection 59

Fair Debt Collection Collections Trade Education 59

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

APRIL 5, 2024

In a case that was defended by Patrick Newman and Kira Locke from Bassford Remele, a District Court judge in Minnesota has granted a defendant’s motion to dismiss a Fair Debt Collection Practices Act case, because the plaintiff lacked standing on some of her claims, failed to state a claim on others, and should have […]

Fair Debt Collection 130

Fair Debt Collection Collections Credit Management 130

Account Recovery

FEBRUARY 15, 2024

A District Court judge in Mississippi has granted a defendant’s motion to dismiss a Fair Debt Collection Practices Act case after it was sued by a plaintiff representing himself, claiming the defendant violated the statute because it was attempting to collect a debt that was not owed to that company and because it was allegedly […]

Fair Debt Collection 147

Fair Debt Collection Collections 147

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

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

OCTOBER 24, 2024

A Magistrate Court judge in California has denied a plaintiff’s motion to compel the defendant to produce information related to its debt collection activities, ruling that the requests were too broad and not proportional to the needs of the case. The ruling: Judge Barbara L.

Collections 130

Collections Fair Debt Collection Judgment Debt collector 130

Account Recovery

JUNE 17, 2022

A District Court judge in Illinois has granted a defendant’s motion for summary judgment after it was sued for allegedly violating the Fair Debt Collection Practices Act, ruling that the defendant was engaged in early-out collections and that it was not attempting to collect on a debt that was in default when it contacted the … The post (..)

Fair Debt Collection 246

Fair Debt Collection Collections Judgment 246

Account Recovery

JUNE 5, 2024

In the case of the Fair Debt Collection Practices Act, for example, what does it mean to harass, oppress, or abuse a consumer? Courts have long been asked to put objective parameters around subjective terms.

Fair Debt Collection 130

Fair Debt Collection Collections 130

Account Recovery

FEBRUARY 8, 2024

A District Court judge in North Carolina has granted a defendant’s motion to dismiss a Fair Debt Collection Practices Act case, ruling that the plaintiff failed to state a claim after accusing the defendant of violating the statute by sending a collection summons and complaint to an incorrect address, obtaining a default judgment, and garnishing (..)

Fair Debt Collection 130

Fair Debt Collection Garnishment Collections Judgment 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

MAY 25, 2022

A complaint has been filed in federal court in California accusing a number of healthcare providers and a collection agency of violating state law as well as the Fair Debt Collection Practices Act by attempting to collect on a debt that was incurred as a result of injuries suffered while the plaintiff was working and … The post Complaint Accuses (..)

Creditors 246

Creditors Fair Debt Collection Collections Healthcare 246