Account Recovery

AUGUST 7, 2020

A District Court judge in New York has agreed to adopt a Magistrate Judge’s recommendation that a defendant’s motion for judgment on the pleadings be granted after it was sued for violating the Fair Debt Collection Practices Act because it allegedly did not properly identify the creditor to whom a debt was owed in a … The post Judge (..)

Creditors 246

Creditors Fair Debt Collection Judgment Collections 246

Account Recovery

MAY 12, 2022

A District Court judge in New York has granted a defendant’s motion for summary judgment in a Fair Debt Collection Practices Act class action case, determining that the plaintiff lacked standing to sue because he did not suffer a concrete injury after alleging the defendant violated the statute by sending a collection letter to the … The (..)

Creditors 246

Creditors Fair Debt Collection Judgment Collections 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

Account Recovery

AUGUST 17, 2021

A District Court judge in Florida has granted a defendant’s motion for summary judgment in a Fair Debt Collection Practices Act case, while also pointing out that the legal theory put forth by the plaintiff’s attorney has been “tartly” rejected by other courts and “does not improve by repetition.”

Creditors 246

Creditors Fair Debt Collection Judgment Collections 246

Account Recovery

JANUARY 14, 2021

A District Court judge in Wisconsin has granted a defendant’s motion for summary judgment in a Fair Debt Collection Practices Act class-action case, determining that the plaintiff lacked standing to sue because he took no action to clarify his confusion over whom he should pay after receiving a collection letter from the defendant.

Creditors 242

Creditors Fair Debt Collection Judgment Collections 242

Account Recovery

NOVEMBER 18, 2022

Suit Accuses Collector of Failing to Identify Creditor; Collector Not Liable for Wrong-Number Calls first appeared on AccountsRecovery.net. Suit Accuses Collector of Failing to Identify Creditor; Collector Not Liable for Wrong-Number Calls appeared first on AccountsRecovery.net. The post Daily Digest – November 18.

Creditors 246

Creditors Fair Debt Collection Collections 246

Account Recovery

NOVEMBER 15, 2022

CREDITOR FACING PAIR OF LAWSUITS FOR VIOLATING REG F’S 7-IN-7 PROVISION A pair of lawsuits have been filed against a creditor, accusing it of violating the Rosenthal Fair Debt Collection Practices Act because the creditor allegedly violated the 7-in-7 call frequency restrictions of Regulation F in attempting to collect on an unpaid debt.

Creditors 246

Creditors Fair Debt Collection Collections 246

Account Recovery

NOVEMBER 26, 2024

A collection attorney in New York is facing a class-action lawsuit for allegedly violating the Fair Debt Collection Practices Act and state law when attempting to collect on judgments owed to a bankrupt for-profit university.

Chapter 7 bankruptcy 130

Chapter 7 bankruptcy Judgment Creditors Garnishment 130

Account Recovery

NOVEMBER 9, 2020

A District Court judge in New Jersey has granted a defendant’s motion to dismiss after it was sued for allegedly violating the Fair Debt Collection Practices Act because the plaintiff claimed the amount cited as being owed in a collection letter was inaccurate and that the plaintiff did not owe the debt to the current … The post Judge Grants (..)

Creditors 236

Creditors Fair Debt Collection Collections 236

Account Recovery

APRIL 28, 2021

In a case that was defended by Jin Shin and the team at Malone Frost Martin, a District Court judge in Illinois has reversed himself and granted a defendant’s motion for reconsideration, undoing class certification and summary judgment in favor of the plaintiff, and awarding summary judgment to the defendant in a Fair Debt Collection … (..)

Creditors 241

Creditors Fair Debt Collection Judgment Collections 241

Account Recovery

JANUARY 13, 2023

Class Action Accuses Collector of Using Inaccurate Creditor Name; State Court Judge Dismisses Suit for Lack of Standing first appeared on AccountsRecovery.net. Class Action Accuses Collector of Using Inaccurate Creditor Name; State Court Judge Dismisses Suit for Lack of Standing appeared first on AccountsRecovery.net.

Creditors 246

Creditors Fair Debt Collection Law Firms Original Creditor 246

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

OCTOBER 26, 2021

Judge Denies Defendant’s Motion in FDCPA BK Case; Creditor Fined $10k For Collecting Debts in Different Name appeared first on AccountsRecovery.net.

Creditors 246

Creditors Fair Debt Collection Collections Bankruptcy 246

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

Account Recovery

NOVEMBER 11, 2024

The background: The plaintiff claimed that the defendant attempted to collect a debt that it had purchased from the original creditor. The debt was then transferred to the defendant for collection.

Fair Debt Collection 130

Fair Debt Collection Original Creditor Creditors Collections 130

Account Recovery

NOVEMBER 15, 2024

In response, the plaintiff disputed the debt, submitting evidence that the balance had already been paid in full, including receipts of payment and statements from her credit card issuer, according to the complaint.

Collections 147

Collections Fair Debt Collection Original Creditor Creditors 147

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

JANUARY 10, 2025

Navigating the new world of digital collections can be tricky and is opening up new litigation doors that the industry has never really had to deal with before. ” Finally, the letter informed the plaintiff, “to guarantee accurate posting, remit to the address below” and included the original creditor’s mailing address.

Original Creditor 130

Original Creditor Fair Debt Collection Creditors Collections 130

Account Recovery

DECEMBER 30, 2024

A District Court judge in Minnesota has awarded 25% of the attorney’s fees sought by the plaintiff in a Fair Debt Collection Practices Act case, ruling the plaintiff’s request unreasonable for a number of reasons. The background: The case stemmed from attempts to collect on a 2007 mortgage loan.

Law Firms 130

Law Firms Fair Debt Collection Creditors Loans 130

Account Recovery

NOVEMBER 19, 2024

A District Court judge in California has granted a defendant’s motion to dismiss after it was accused of violating the Fair Debt Collection Practices Act and the Rosenthal Fair Debt Collection Practices Act by attempting to collect on a debt that had been discharged in bankruptcy.

Chapter 7 bankruptcy 130

Chapter 7 bankruptcy Fair Debt Collection Bankruptcy Collections 130

Account Recovery

FEBRUARY 18, 2025

A District Court judge in Maryland has granted a motion to dismiss claims that a creditor and a collection law firm violated the Fair Debt Collection Practices Act and state consumer protection laws, ruling that the plaintiffs allegations failed to plausibly demonstrate any unlawful conduct.

Credit Card Debt 130

Credit Card Debt Fair Debt Collection Law Firms Creditors 130

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

NOVEMBER 5, 2024

million by falsely representing debts and threatening extreme consequences, including lawsuits, asset seizures, and even arrest. and its sole owner Kenneth Redon III, are accused of violating multiple federal laws, including the FTC Act, the Fair Debt Collection Practices Act, and Regulation F.

Debt collector 130

Debt collector Fair Debt Collection Collection Agencies Collections Agency 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

Account Recovery

OCTOBER 29, 2021

Judge Grants MTD in FDCPA Case Even Though Letter Lacked ‘Clarity’ appeared first on AccountsRecovery.net.

Fair Debt Collection 246

Fair Debt Collection Original Creditor Creditors Collections 246

Account Recovery

DECEMBER 2, 2020

A District Court judge in New York has denied a defendant’s motion to dismiss after it was sued for allegedly violating the Fair Debt Collection Practices Act by not properly identifying the creditor to whom a debt was owed in a collection letter, ruling there is enough evidence in the complaint to create a plausible … The post EDNY Judge (..)

Creditors 147

Creditors Fair Debt Collection Collections 147

Account Recovery

NOVEMBER 8, 2024

The background: The case stems from a debt incurred by the plaintiff following medical care at a hospital.

Fair Debt Collection 130

Fair Debt Collection Collection Agencies Collections Agency Healthcare 130

Account Recovery

FEBRUARY 24, 2023

The post Judge Recommends Dismissing FCRA, FDCPA Claims Against Creditors appeared first on AccountsRecovery.net.

Creditors 130

Creditors Fair Debt Collection Collection Agencies Collections Agency 130

Account Recovery

MARCH 19, 2021

A District Court judge in New York has granted a plaintiff’s motion for summary judgment after it sued a debt collector for allegedly violating the Fair Debt Collection Practices Act by sending two collection letters to the plaintiff, determining that the plaintiff must have been correct when he claimed that he did not owe the … The post (..)

Creditors 147

Creditors Fair Debt Collection Debt collector Judgment 147

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

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

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

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 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