Better Credit Blog

APRIL 3, 2022

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. In other words, when the original creditor has been unsuccessful in collecting on a debt, it will write off the debt as a loss. Ask Lex Law for Help.

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Debt collector Collection Agencies Collections Agency Garnishment 87

Troutman Sanders

OCTOBER 17, 2023

In 2010, the defendant purchased the account and placed it with a law firm for collection. After receiving letters from the law firm, the plaintiff set up a payment plan, which she completed in 2013. Additionally, the appellate division found that the plaintiff had not suffered an ascertainable loss.

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Law Firms Legal Rights Original Creditor Collection Agencies 52

Troutman Sanders

FEBRUARY 1, 2022

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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Katabat

JANUARY 24, 2020

January 23, 2020 (Sacramento, CA) – Katabat, a leading cloud-based debt-collection software provider, will serve as a Gold Sponsor of this year’s RMAI Annual Conference. The session will discuss how technology and innovation have been transforming consumer financial services.

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Consumer Financial Services Law

MARCH 15, 2019

In those cases, the Sixth Circuit concluded that foreclosure proceedings are debt collection. In 2016, the bank engaged the defendant law firm to foreclose on the underlying real property. The law firm then sent Ms. IS THE CREDITOR'S ATTORNEY AND IS ATTEMPTING TO COLLECT A DEBT ON ITS BEHALF.

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FDCPA Defense

AUGUST 22, 2016

Hollins Law Firm , _F.3d There, the collection law firm defendant communicated with plaintiff on a number of occasions, and each time the firm identified itself as a “debt collector,” as required by section 1692e(11) of the FDCPA. 3d _, 2016 WL 4174747 (9th Cir. On appeal, the Ninth Circuit reversed.

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BN Lawyers

JUNE 12, 2020

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). 6 RCNY § 5-77(f)(2)(vii) and (viii). 6 RCNY § 5-77(e)(9).

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FDCPA Defense

JANUARY 28, 2012

Debt buyers are being sued based on the conduct of their agencies and law firms. Even original creditors, who are not subject to the FDCPA, are being drawn into FDCPA litigation under various theories of recovery. For this reason, original creditors are not subject to the FDCPA (except in very limited circumstances).

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Consumer Financial Services Law

JANUARY 3, 2018

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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FDCPA Defense

MARCH 2, 2014

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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FDCPA Defense

JANUARY 22, 2017

(This post is adopted from the materials presented at the CAI Law Seminar in Las Vegas, Nevada on January 20, 2017) Demystifying the FDCPA Class Action For HOA Attorneys Consumer attorneys have been filing FDCPA class actions against collection attorneys for decades, and the pace of those filings has increased sharply in the past ten years.

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