Account Recovery

SEPTEMBER 21, 2022

Winning a collection lawsuit because the judge ruled there was not a sufficient chain of custody to prove the account was transferred by the original creditor to the entity purchasing the account is not enough evidence that a juror could use to conclude a false statement was made, ruled a District Court judge in Pennsylvania, … The post Dismissal (..)

Collections 246

Collections Original Creditor Creditors 246

Account Recovery

APRIL 18, 2025

A New Jersey Appeals Court has affirmed a lower court’s ruling denying an individual’s motion to vacate a default judgment obtained in a collection lawsuit, agreeing that the individual chose to wait too long to file the motion to vacate. The background: The case at hand involves a collection action initiated by the plaintiff.

Judgment 130

Judgment Original Creditor Creditors Collections 130

Account Recovery

JANUARY 13, 2025

A District Court judge in Arizona has granted a defendant’s motion to dismiss a Fair Debt Collection Practices Act case, ruling that the plaintiff failed to sufficiently establish the defendant’s status as a “debt collector” under the statute and did not plead adequate facts to support the alleged violations.

Debt collector 130

Debt collector Fair Debt Collection Original Creditor Creditors 130

American Profit Recovery

DECEMBER 8, 2020

In the not too distant past, a business that hired a collection agency was doing so as a last resort. They had customers that were not paying, they called, sent letters, and decided that the only thing they could do was to get rid of that customer and send them to collections. Getting paid quicker. Keeping your customers.

Collection Agencies 246

Collection Agencies Collections Agency Collections Original Creditor 246

Account Recovery

OCTOBER 29, 2021

While noting that several instances of a collection letter lacked clarity, a District Court judge in New Jersey nonetheless granted a defendant’s motion to dismiss a Fair Debt Collection Practices Act case, ruling that even a least sophisticated consumer would be able to ascertain the identity of the original creditor and that disputes needed (..)

Fair Debt Collection 246

Fair Debt Collection Original Creditor Creditors Collections 246

Account Recovery

APRIL 12, 2022

A class-action lawsuit has been filed against a collection agency for allegedly violating the Fair Debt Collection Practices Act by having multiple addresses on a collection letter it sent and not explicitly communicating to which address disputes or requests for original creditor information should be sent.

Fair Debt Collection 241

Fair Debt Collection Original Creditor Collection Agencies Collections Agency 241

Account Recovery

JULY 15, 2022

A District Court judge in California has denied a defendant’s motion to compel arbitration in a Fair Debt Collection Practices Act case, ruling that the collection law firm’s actions were independent of the original creditor, and thus not subject to the original agreement’s arbitration clause.

Fair Debt Collection 246

Fair Debt Collection Law Firms Original Creditor Creditors 246

Account Recovery

AUGUST 13, 2021

Judge Grants MTD in FDCPA Class Action Over Credit Reporting Language in Letter appeared first on AccountsRecovery.net.

Fair Debt Collection 246

Fair Debt Collection Original Creditor Creditors Collections 246

Account Recovery

OCTOBER 18, 2021

A District Court judge in Illinois has granted a plaintiff’s motion to remand a Fair Debt Collection Practices Act case back to state court, while denying the motion for attorney fees and costs, after the plaintiff received two collection emails from the defendant in which the name of the original creditor was slightly different in … The (..)

Fair Debt Collection 246

Fair Debt Collection Original Creditor Creditors Collections 246

Account Recovery

NOVEMBER 12, 2021

Is it possible for an individual to sue a debt collector for violating the Fair Credit Reporting Act and Fair Debt Collection Practices Act for allegedly attempting to collect a debt that the individual believes he did not owe, when the individual took no action against the original creditor for placing the allegedly illegitimate debt … The post (..)

Judgment 243

Judgment Fair Debt Collection Original Creditor Debt collector 243

Account Recovery

JULY 15, 2022

JUDGE DENIES MOTION TO COMPEL ARBITRATION IN FDCPA CASE A District Court judge in California has denied a defendant’s motion to compel arbitration in a Fair Debt Collection Practices Act case, ruling that the collection law firm’s actions were independent of the original creditor, and thus not subject to the original agreement’s arbitration clause.

Fair Debt Collection 246

Fair Debt Collection Original Creditor Creditors Collections 246

Account Recovery

FEBRUARY 1, 2023

The California Court of Appeals has upheld a lower court’s ruling denying a motion to compel arbitration filed by a collection operation, reaching the same conclusion that the plaintiff never officially consented to arbitration with the original creditor, and allowing a Rosenthal Fair Debt Collection Practices Act case to proceed.

Fair Debt Collection 246

Fair Debt Collection Original Creditor Creditors Collections 246

Account Recovery

OCTOBER 3, 2022

A District Court judge in Oklahoma has granted a defendant’s motion to dismiss a Fair Debt Collection Practices Act case, ruling the defendant did not violate the statute because it failed to notify the original creditor that the debt had been disputed by the plaintiff.

Creditors 246

Creditors Fair Debt Collection Original Creditor Collections 246

Account Recovery

MARCH 22, 2022

A Magistrate Court judge in New York has awarded the attorneys representing a plaintiff in a Fair Debt Collection Practices Act $11,297 in fees, after the plaintiff accepted an offer of judgment in the amount of $1,050 over a $59 debt that was owed to the original creditor.

Fair Debt Collection 246

Fair Debt Collection Original Creditor Judgment Creditors 246

Account Recovery

MARCH 5, 2025

The judge determined that it followed its procedures for investigating disputes, which included contacting the original creditor to confirm the debts validity. The background: The plaintiff allegedly signed a housing agreement for an apartment while attending university. Learn more.

Fair Debt Collection 130

Fair Debt Collection Original Creditor Judgment Creditors 130

Account Recovery

SEPTEMBER 6, 2022

A District Court judge in Illinois has granted a defendant’s motion for summary judgment in a Fair Debt Collection Practices Act case involving how the defendant, and the original creditor, came to be in possession of the plaintiff’s husband’s Social Security number.

Fair Debt Collection 246

Fair Debt Collection Original Creditor Judgment Creditors 246

Account Recovery

DECEMBER 27, 2021

Saying that you expended “time, money, and effort” trying to identify what to do when you are confused as to whom the original creditor was after receiving a collection letter is not enough for a plaintiff to have standing to sue, ruled a District Court judge in Maryland, who has granted a defendant’s motion to … The post Judge (..)

Original Creditor 246

Original Creditor Creditors Collections 246

Account Recovery

OCTOBER 27, 2021

A District Court judge in Michigan has granted a defendant’s motion to dismiss after it was sued for allegedly violating the Fair Debt Collection Practices Act by contacting the plaintiff after she had disputed the debt in question with the original creditor and for making a “hard inquiry” on her credit report.

Creditors 246

Creditors Fair Debt Collection Original Creditor Collections 246

Account Recovery

NOVEMBER 11, 2022

A copy … The post Calif. Appeals Court Upholds Ruling Denying Defendant’s Motion to Compel Arbitration appeared first on AccountsRecovery.net.

Fair Debt Collection 245

Fair Debt Collection Original Creditor Creditors Collections 245

Account Recovery

JANUARY 13, 2023

CLASS ACTION ACCUSES COLLECTOR OF USING INACCURATE NAME OF ORIGINAL CREDITOR A class-action complaint has been filed in federal court in Utah against a collection law firm for allegedly violating the Fair Debt Collection Practices Act with its Model Validation Notice, which was not dated, but also because the debt was allegedly purchased before the (..)

Creditors 246

Creditors Fair Debt Collection Law Firms Original Creditor 246

Account Recovery

DECEMBER 27, 2021

Judge Grants MTD in FDCPA Class-Action; Florida Asks CFPB to ‘Reevaluate’ Parts of Reg F appeared first on AccountsRecovery.net.

Original Creditor 246

Original Creditor Creditors Collections 246

Nexa Collect

JULY 28, 2020

Collecting outstanding debt isn’t an easy process. Companies will generally try to collect on their outstanding accounts internally before passing their most egregious cases on to an external debt collection agency. Are collection agencies effective enough to warrant their fees? But how wise is this? Absolutely.

Collection Agencies 130

Collection Agencies Collections Agency Collections Debt Recovery 130

Nexa Collect

AUGUST 8, 2020

Collecting outstanding debt isn’t an easy process. Companies will generally try to collect on their outstanding accounts internally before passing their most egregious cases on to an external debt collection agency. Are collection agencies effective enough to warrant their fees? Collection Rates Drop As Debts Age.

Collection Agencies 130

Collection Agencies Collections Agency Collections Debt Recovery 130

Account Recovery

OCTOBER 3, 2022

COLLECTOR NOT OBLIGATED TO NOTIFY CREDITOR OF DISPUTE A judge in Oklahoma has granted a motion to dismiss, ruling the defendant was not obligated under the Fair Debt Collection Practices Act to notify the original creditor that a debt was being disputed.

Student loans 231

Student loans Student Loans Creditors Loans 231

Account Recovery

APRIL 15, 2021

In a case that was defended by the team at Malone Frost Martin, the Court of Appeals for the Eighth Circuit has affirmed a lower court’s ruling in favor of a defendant that was sued for violating the Fair Debt Collection Practices Act because it did not include a copy of the original creditor’s financial … The post Appeals Court Affirms (..)

Healthcare 219

Healthcare Fair Debt Collection Original Creditor Creditors 219

PDC Flow

MARCH 24, 2025

Your debt collection agency or accounts receivable (AR) departments top priority should be collecting as many payments as possible. Top Customer Engagement Strategies Most companies have shifted from phone and mail toward primarily online, email, and SMS channels to better manage payment collection efforts.

Collections 76

Collections Third-party Debt Collectors Collection Agencies Collections Agency 76

Account Recovery

JUNE 1, 2021

NDCA Judge Grants MTD in FDCPA Case Over Creditor ID in Letter; Sixth Circuit Jumps on Standing Bandwagon appeared first on AccountsRecovery.net.

Creditors 214

Creditors Fair Debt Collection Original Creditor Collections 214

Nexa Collect

SEPTEMBER 23, 2021

Several collection agencies have been using electronic mediums like emails, social media platforms, and SMS to contact debtors. This approach is significantly different from traditional collection calls and letters. Therefore many collection agencies use a blend of traditional and electronic mediums.

Collections 130

Collections Collection Agencies Collections Agency Debtor 130

Troutman Sanders

SEPTEMBER 8, 2023

The credit union then assigned the debt to a third-party collection agency. Following the assignment, the collection agency opened its own tradeline for the debt, while the credit union also continued to report the debt.

Original Creditor 59

Original Creditor Collection Agencies Collections Agency Credit Unions 59

Account Recovery

FEBRUARY 18, 2025

More bankruptcies mean higher charge-offs for creditors and increased reliance on third-party collection agencies. With this uptick, regulatory scrutiny may rise, leading to more complaints and lawsuits under laws like the FDCPA (Fair Debt Collection Practices Act) and Regulation F due to errors in handling bankrupt debt.

Fair Debt Collection 130

Fair Debt Collection Law Firms Bankruptcy Judgment 130

Nexa Collect

FEBRUARY 14, 2022

By law, all debt collection calls initiated by a collection agency must be recorded and preserved for three years after the date of the call. The primary objective is to check if there was a violation of debt collection laws (FDCPA laws), and those recordings can be reviewed if there is a need. .

Collections 130

Collections Debtor Debt collector Collection Agencies 130

Account Recovery

FEBRUARY 18, 2025

Prior to joining Velocity, Michael co-founded a fintech consulting firm, Maxwell & Graves Solutions, and was responsible for building and leading Collections & Recovery at Prosper Marketplace. Mark Ravanesi is coming onto the RMAI Board of Directors for 2025, in the certified third-party collection agency seat.

Collection Agencies 130

Collection Agencies Collections Agency Law Firms Original Creditor 130

Credit Corp

JUNE 1, 2023

Your credit score may improve if your collection debt is reported to a new credit scoring model—FICO 9®, FICO 10®, VantageScore 3.0® Most creditors still report to old scoring models, so it’s unlikely paying off the debt will improve your credit score. In This Piece: What Is Collections Debt? ® or VantageScore 4.0®.

Collections 126

Collections Debt collector Collection Agencies Collections Agency 126

Credit Corp

NOVEMBER 9, 2020

If you or someone you know has dealt with a collection agency, you know how trying it can be. Debt collection agencies have a long history of harassment and illegal practices. Can a collection agency report to a credit bureau without notifying you? It does not come into play for creditors collecting their own debts.

Collection Agencies 105

Collection Agencies Collections Agency Credit Bureau Collections 105

Account Recovery

JUNE 1, 2021

A District Court judge in California has granted a defendant’s motion to dismiss after it was sued for allegedly violating the Fair Debt Collection Practices Act because it identified the creditor and the original creditor in a letter, but did not identify the current creditor to whom the debt was owed, with the judge ruling … The post (..)

Creditors 147

Creditors Fair Debt Collection Original Creditor Collections 147

Account Recovery

SEPTEMBER 17, 2020

A District Court judge in Hawaii has denied a defendant’s motion to compel arbitration in a class-action suit accusing it of violating the Telephone Consumer Protection Act and Fair Debt Collection Practices Act because the defendant did not show that the plaintiff must rely on the terms of his customer agreement with the original creditor … (..)

Fair Debt Collection 147

Fair Debt Collection Original Creditor Creditors Collections 147

Account Recovery

AUGUST 2, 2024

The Background: The background […]

Fair Debt Collection 130

Fair Debt Collection Original Creditor Creditors Collections 130