Account Recovery

AUGUST 4, 2021

A District Court judge in New York has granted a defendant’s motion to dismiss, ruling that the language that was used in a series of letters that raised the possibility that the plaintiff would be sued if she did not make arrangements to repay her debt did not violate the Fair Debt Collection Practices Act, … The post Judge Grants MTD (..)

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Account Recovery

JUNE 14, 2022

A class-action complaint has been filed in federal court in Massachusetts, accusing a company of violating the Fair Debt Collection Practices Act by not responding to a dispute request that was submitted by an individual after receiving a collection letter from the defendant.

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Account Recovery

APRIL 29, 2022

A District Court judge in Pennsylvania has certified a class action in a Fair Debt Collection Practices Act lawsuit that accused a defendant of violating the statute by mentioning in a letter that a judgment may be awarded before the expiration of a settlement offer that was being made, even though a collection lawsuit had … The post Judge Certifies (..)

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Account Recovery

JULY 14, 2021

Companies in the accounts receivable management industry can add “irritation,” “concern,” “feeling targeted,” and “hustled,” to the list of harms that do not create standing to sue in federal court when accusing a debt collector of violating the Fair Debt Collection Practices Act after a District Court (..)

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Account Recovery

AUGUST 2, 2022

Despite making many arguments to the contrary, a District Court judge in New Jersey has granted summary judgment to the defendant in a Fair Debt Collection Practices Act case, ruling the plaintiffs now lack standing to sue in federal court, even though a class had previously been certified in the case.

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Account Recovery

JUNE 9, 2022

The Court of Appeals for the Seventh Circuit has denied an en banc hearing request from a plaintiff after a panel of judges overturned a $350,000 award against a collector in a Fair Debt Collection Practices Act case, but a quartet of judges wrote a dissenting opinion arguing how the Court has “strayed far” from … The post Appeals (..)

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Account Recovery

DECEMBER 22, 2022

A debt that is sold to a third party can be confusing for a consumer, but confusion is not grounds for standing to sue under the Fair Debt Collection Practices Act, and bad lawyer jokes aside, using legal terms does not constitute the use of obscene or profane language, a District Court judge in Pennsylvania … The post Judge Grants MSJ For Defendant (..)

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Account Recovery

SEPTEMBER 20, 2021

The Court of Appeals for the Eleventh Circuit has vacated an order imposing sanctions on a pair of plaintiff’s attorneys because the individual they were representing failed to show for a scheduled mediation session in a Fair Debt Collection Practices Act case and because a District Court judge did not provide the attorneys with enough … (..)

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Account Recovery

OCTOBER 10, 2022

A California Appeals Court has overturned a ruling in favor of a debt collector that was sued for violating the Rosenthal Fair Debt Collection Practices Act by not properly serving the plaintiff with a summons and complaint in an underlying collection lawsuit, with the panel ruling that the plaintiff is not obligated to pay the … The post California (..)

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Account Recovery

AUGUST 30, 2021

Synonyms and semantics can be deadly when in the hands of a federal judge.

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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 (..)

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Account Recovery

AUGUST 28, 2020

A District Court judge in Texas has partially granted a defendant’s motion for judgment on the pleadings after it was sued for violating the Fair Debt Collection Practices Act in how it attempted to collect on a judgment. A copy of the ruling in the case of Kranz v.

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Credit Management Company

FEBRUARY 23, 2021

Now, there are additional steps you must add to your debt collection practices. Late last year, the Consumer Financial Protection Bureau (CFPB) announced the Final Rule that debt collectors must follow under the Fair Debt Collection Practices Act (FDCPA). Contact Us For Your Debt Collection Needs.

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Account Recovery

APRIL 11, 2024

Seven years after the complaint was initially filed, a District Court judge in New Jersey has adopted a Magistrate Court judge’s recommendation to dismiss a Fair Debt Collection Practices Act class-action lawsuit because the plaintiffs lacked standing to sue after allegedly receiving initial collection letters that did not include the validation (..)

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Account Recovery

JUNE 28, 2024

On remand from the Court of Appeals for the Third Circuit, a District Court judge in New Jersey has granted a defendant’s motion to compel arbitration after it was accused of violating the Fair Debt Collection Practices Act, The Background: The case arose from the defendant’s collection letters, which the plaintiff claimed were misleading (..)

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Account Recovery

JUNE 19, 2024

Someone may want to show the plaintiff in this Fair Debt Collection Practices Act case this scene from “A Few Good Men.”

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Account Recovery

MAY 24, 2024

A Magistrate Court judge in Colorado has granted a defendant’s motion for summary judgment in a Fair Debt Collection Practices Act case on the grounds that it was entitled to the “bona fide error” defense after it was accused of misrepresenting the debt that the plaintiff owed.

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Account Recovery

APRIL 17, 2024

It might not be a ruling on the merits of the plaintiff’s claim, but a District Court judge in New York has dismissed a Fair Debt Collection Practices Act “only convenient way to communicate” case on the grounds the plaintiff did not suffer a concrete injury and does not have standing to sue.

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Account Recovery

JUNE 24, 2024

A District Court judge in Missouri has granted a defendant’s motion for summary judgment in a Fair Debt Collection Practices Act case, ruling that the plaintiff lacked standing and that the defendant did not violate the FDCPA.

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Account Recovery

JULY 2, 2024

Good news for the industry in the form of a positive ruling in an “inconvenient time or place” lawsuit filed against a collection operation.

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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 […]

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Account Recovery

SEPTEMBER 1, 2023

A change in precedent has led the Court of Appeals for the Third Circuit to remand a case back to the District Court to determine whether the owners of a debt that was purchased from the original creditor can compel arbitration after being sued for allegedly violating the Fair Debt Collection Practices Act.

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Account Recovery

MAY 31, 2023

A District Court judge in Ohio has approved a settlement in a Fair Debt Collection Practices Act class-action lawsuit that will see the defendant pay $500,000 in fees and costs after it was accused of pursuing collection activity against individuals who had participated in a separate settlement of an FDCPA case in which the defendant …

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Account Recovery

DECEMBER 11, 2023

A District Court judge in New York has ruled that a plaintiff’s strategy of basing her Fair Debt Collection Practices Act case on a strategy of “nuh-uh” is not enough to defeat a defendant’s motion to dismiss.

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Account Recovery

APRIL 5, 2022

The Court of Appeals for the Third Circuit has affirmed the dismissal of a Fair Debt Collection Practices Act case against a student loan servicer for continuing to attempt to collect a student loan debt after it had been discharged in bankruptcy because the plaintiff failed to follow the proper procedure.

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Account Recovery

SEPTEMBER 18, 2024

A District Court judge in Oklahoma has granted a defendant’s motion to dismiss after it was sued for violating the Fair Debt Collection Practices Act because it responded to a certified letter from the plaintiff that email was the only way to conveniently contact her by sending another letter to the plaintiff via traditional mail.

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Account Recovery

FEBRUARY 22, 2023

The post Supreme Court Denies Petition in FDCPA Standing Case appeared first on AccountsRecovery.net.

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Account Recovery

APRIL 18, 2023

A District Court judge in Florida has granted a plaintiff’s motion to remand a Fair Debt Collection Practices Act case back to state court where it was originally filed and denied a defendant’s motion to dismiss as moot, ruling the claims made by the plaintiff were not sufficient for the case to have standing in … The post Judge Remands (..)

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Credit Management Company

MARCH 23, 2021

Anyone working in revenue cycle management knows the importance of complying with the Fair Debt Collection Practices Act (FDPA) and the Telephone Consumer Protection Act (TCPA). Choose the Right Partner: Contact Credit Management Company. Ask yourself these questions to determine which vendor to select.

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Troutman Sanders

MARCH 12, 2025

along with Liberty Credit Management, Inc., Civil Complaint Administration, Pacific Billing Solutions, Cornerstone Legal Group, LLC, and their operators engaged in a fraudulent scheme to deceive consumers into paying debts they did not owe.

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Credit Management Company

JULY 14, 2021

Everyone in the debt collection industry is familiar with the Fair Debt Collections Practices Act (FDCPA). Reputable collections agencies willingly follow these rules and treat patients with compassion and respect. Contact Us For Your Debt Collection Needs. Now the FDCPA is in the news again.

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Troutman Sanders

SEPTEMBER 19, 2022

The standard courts should use to determine whether an alleged Fair Debt Collection Practices Act (FDCPA) violation is material remains unsettled. Pioneer Credit Recovery, Inc. , Pioneer) to help collect the debt. In Tavernaro v.

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Payment Savvy

OCTOBER 20, 2021

The process is beneficial for companies under financial pressure due to debts not being paid on time. B2B debt collection services are offered through companies specializing in credit management. What Information is Shared with B2B Collection Agencies?

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Credit Management Company

FEBRUARY 22, 2022

As mentioned above, many debt collection agencies offer payment plans and avenues through which to pay. If you explain your circumstances, they’ll likely find ways to work with you to resolve your debt. Myth: The FDCPA Will Protect Any Debt Collector.

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Credit Management Company

FEBRUARY 8, 2022

Menacing threats and middle-of-the-night phone calls are not the methods top debt collection agencies use. In fact, these tactics go against the Fair Debt Collection Practices Act. That is why it is important to know how to hire a collection agency. Evaluate Their Customer Service.

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Credit Management Company

MARCH 8, 2022

Because collections laws vary in different fields, you need to find a company that knows your industry. They’ll be more familiar with the rules and how to adhere to the Fair Debt Collection Practices Act (FDCPA). Credit Management Company has the ability to resolve payment challenges quickly with superior communications.

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Credit Management Company

JUNE 14, 2022

To ensure you understand how important consumer rights are, we’ve put together an overview of consumer rights in debt collection. Debt Protection Laws. While this act does not excuse consumers from paying their debt, it does protect them from unfair or abusive debt collection tactics.

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