Account Recovery

JUNE 24, 2021

A District Court judge in Florida has granted a defendant’s motion for summary judgment on most of the claims in a lawsuit accusing it of violating the Fair Debt Collection Practices Act and the Florida Consumer Collection Practices Act by misrepresenting that the collector was an attorney and by using obscene and profane language during … (..)

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Account Recovery

JANUARY 27, 2025

More details here.

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Account Recovery

JANUARY 20, 2025

Judge Grants MTD in FDCPA Case Over ID Theft A District Court judge in Illinois has granted a defendants 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. More details here.

Loans 130

Loans Fair Debt Collection Collections Collection Agencies 130

Account Recovery

OCTOBER 9, 2023

A District Court judge in Illinois has denied a healthcare provider’s motion to dismiss a claim it violated the Illinois Consumer Fraud and Deceptive Business Practices Act (ICFA) and a collection agency’s motion to strike class allegations it violated the Fair Debt Collection Practices Act in a debt parking case on a medical debt.

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Jimerson Firm

DECEMBER 14, 2021

Businesses throughout Florida should be aware of consumer statutes that provide remedies to consumers and impose liability to businesses, even for small technical violations. Fair Debt Collection Practices Act. Florida Consumer Collection Practices Act (FCCPA). Section 559.77 559.552, Fla. Conclusion.

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FFGN COLLECT NY

DECEMBER 15, 2021

Contact you at work if the debt collector knows or believes your employer prohibits personal calls. The Bureau educates, establishes and enforces rules, and has a compliance arm addressing debt collection as it relates to consumer collections. The CFPB regulates debt collection only as it relates to consumer debt.

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Burr Forman

JUNE 7, 2021

She advises clients and in-house counsel in litigation arising under the Truth in Lending Act, Real Estate Settlement Procedures Act, Fair Credit Reporting Act, Florida Consumer Collections Practices Act, Fair Debt Collections Practices Act and the Telephone Consumer Protection Act, among others.

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Debt RR

SEPTEMBER 9, 2020

Collection agencies for small businesses are third-party establishments that collect overdue payments or funds from default accounts. What they can and cannot do when doing so are regulated by the Fair Debt Collection Practices Act. How Small Businesses Proceed with Collections. The industry served.

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Collection Agencies Collections Agency Collections Debt collector 57

Collection Industry News

DECEMBER 19, 2023

Commonwealth is a third-party debt collector that specializes in the collection of past-due medical debts and furnishes information about consumer collection accounts to consumer reporting companies.

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Third-party Debt Collectors Collections Debt collector Fair Debt Collection 40

Credit Management Company

JANUARY 25, 2022

Agencies work on a contingency basis - they only get paid when the debt has been collected. However, a commercial collection agency is unlike a consumer collection agency. B2B Collection FDCPA and Regulations. You might be wondering which restrictions apply to commercial collection firms and agents.

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Commercial Collection Collections Collection Agencies Collections Agency 52

Troutman Sanders

MARCH 30, 2023

A federal district court in the Middle District of Florida recently dismissed a pro se plaintiff’s Fair Debt Collection Practices Act (FDCPA) and Florida Consumer Collection Practices Act (FCCPA) action as time-barred because the defendants filed the foreclosure that was the basis for the plaintiff’s claims over four years prior.

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Jimerson Firm

JANUARY 17, 2023

The Florida Consumer Collection Practices Act (FCCPA) and the Fair Debt Collection Practices Act (FDCPA) are two pro-consumer statutes. Oftentimes, consumer lawyers bring claims for technical violations of the statutes, even when there are not any actual damages suffered by a consumer.

Consumer Collections 52

Consumer Collections Fair Debt Collection Financial services Banks 52

Jimerson Firm

JANUARY 17, 2023

The Florida Consumer Collection Practices Act (FCCPA) and the Fair Debt Collection Practices Act (FDCPA) are two pro-consumer statutes. Oftentimes, consumer lawyers bring claims for technical violations of the statutes, even when there are not any real damages suffered by a consumer.

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Lawyers Consumer Collections Fair Debt Collection Financial services 52

Jimerson Firm

JULY 21, 2021

Nevertheless, there appears to be an increase in class action complaints alleging violations of consumer protection laws such as Fair Debt Collection Practices Act (FDCPA), Florida’s Consumer Collections Practices Act (FCCPA), Fair Credit Reporting Act (FCRA), or Telephone Consumer Protection Act (TCPA).

Judgment 98

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Jimerson Firm

JANUARY 12, 2023

The Florida Consumer Collection Practices Act (FCCPA) is a pro-consumer statute. Given the pro-consumer nature of the statute, one big consideration for defending against FCCPA claims is how to shift risk to the plaintiff. . As such, businesses need to be aware of the statute and the risk and liability of the statute.

Lawyers 52

Lawyers Consumer Collections Financial services Judgment 52

Jimerson Firm

JANUARY 20, 2023

However, in 2019, the First District Court of Appeals held that condominium assessments are considered “consumer debts” under the Florida Consumer Collection Practices Act (FCCPA) and the Fair Debt Collection Practices Act (FDCPA). See Kelly v. Duggan , 282 So. 3d 969, 973 (Fla. 1st DCA 2019).

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Foreclosure Fair Debt Collection Collections Consumer Collections 52

The Kaplan Group

MARCH 24, 2022

Here’s the background and all you need to know about what debt collectors can and can’t do on social media. In November 2021, The CFPB made some long-awaited updates to the Fair Debt Collection Practices Act. These new CFPB rules apply only to consumer collections, not business-to-business collections.

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Debt collector Debtor Fair Debt Collection Collections 52

Collection Industry News

SEPTEMBER 23, 2020

Turner alleged those convenience fees violated the FDCPA, and its Florida counterpart, the Florida Consumer Collection Practices Act (“FCCPA”). The court agreed with PHH, concluding that the convenience fees were not debts owed another as contemplated by the acts. PHH responded by moving to dismiss those claims. Freedom Mortg.

Collections 40

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FDCPA Defense

AUGUST 16, 2012

On February 17, 2012, the CFPB published its Proposed Rule Defining Larger Participants in Certain Consumer Financial Product and Service Markets. Entities in the debt collection market that generate $10 million in annual receipts from consumer collection activities would be deemed a “larger participant” in the market.

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Collections Fair Debt Collection Law Firms Banks 40

Jimerson Firm

JANUARY 16, 2023

The Florida Consumer Collection Practices Act (FCCPA) and the Fair Debt Collection Practices Act (FDCPA) are two pro-consumer statutes. Florida’s Consumer Collection Practices Act (FCCPA) Part 1: Understanding the FCCPA (jimersonfirm.com) . Jimerson Birr (jimersonfirm.com).

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Better Credit Blog

FEBRUARY 18, 2021

BYL Collections isn’t a household name, but it collects for several businesses across multiple industries. Based in Westchester, Pennsylvania, BYL is a third-party collections agency that was founded in 1998. The agency specializes in consumer collections, commercial collections, and medical device recovery.

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Collection Industry News

JULY 12, 2022

Court of Appeals for the Eleventh Circuit recently held that periodic statements required by the federal Truth in Lending Act may violate the federal Fair Debt Collection Practices Act if they are not truthful and fair. Source: site. A copy of the opinion in Lamirand, et al v. to be paid in one year.

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FDCPA Defense

FEBRUARY 1, 2018

Attorneys and other entities that regularly engage in collection work for community associations may be subject to the requirements of the Fair Debt Collection Practices Act, 15 U.S.C. as well as analogous state laws governing the consumer collection process.

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Account Recovery

JANUARY 10, 2025

A Florida Appeals Court has upheld the dismissal of a case that hinged on whether claims filed under the Florida Consumer Collections Practices Act (FCCPA) were assignable to third parties. Learn more.

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Account Recovery

NOVEMBER 21, 2024

The plaintiff claimed that this late-hour email violated both the FDCPA and the Florida Consumer Collection Practices Act (FCCPA), which restrict communications with consumers outside certain hours. Specifically, under both acts, a debt collector may not communicate with a consumer between 9 p.m.

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Fair Debt Collection Debt collector Judgment Consumer Collections 130

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.

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Collections Fair Debt Collection Collection Agencies Collections Agency 130

Troutman Sanders

AUGUST 2, 2021

Established by the Economic Growth, Regulatory Relief, and Consumer Protection Act, IPAC consists of 21 members, who serve staggered three-year terms and bring professional backgrounds in insurance accounting, actuarial science, academia, insurance regulation, and policyholder advocacy. For more information, click here.

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