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

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

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

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

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 8, 2024

The background: The case stems from a debt incurred by the plaintiff following medical care at a hospital. However, the Ninth Circuit vacated the summary judgment that had been granted in favor of the collection agency regarding the alleged FDCPA violations. Learn more.

Fair Debt Collection 130

Fair Debt Collection Collections Agency Collection Agencies Healthcare 130

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

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.

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Fair Debt Collection Original Creditor Judgment Creditors 246

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

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

JULY 22, 2022

A District Court judge in California has partially granted a plaintiff’s motion for summary judgment while denying a defendant’s motion in a Fair Debt Collection Practices Act case, ruling that the defendant violated its discovery obligations by not providing documentation to prove the current creditor owned the debt in question and had (..)

Fair Debt Collection 245

Fair Debt Collection Judgment Creditors Collections 245

Account Recovery

MARCH 24, 2021

One creditor is running into some legal trouble because it doesn’t. Do you still have copies of your policies and procedures lying around from 2005?

Fair Debt Collection 242

Fair Debt Collection Collections Judgment Creditors 242

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

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

FEBRUARY 16, 2021

A District Court judge in New York has granted a defendant’s motion for summary judgment on six of the seven counts in a lawsuit claiming a letter it sent to the plaintiff violated several sections of the Fair Debt Collection Practices Act, but denied summary judgment motions from both sides on the remaining count that … The post Judge (..)

Fair Debt Collection 246

Fair Debt Collection Judgment Collections Creditors 246

Account Recovery

OCTOBER 15, 2020

Robbie Malone and the team at Malone Frost Martin shared the details of a victory in a case in which a District Court judge in New York granted a defendant’s motion for judgment on the pleadings after it was accused of violating the Fair Debt Collection Practices Act by not properly identifying the creditor to … The post Judge Grants Motion (..)

Creditors 130

Creditors Fair Debt Collection Judgment Collections 130

Account Recovery

MARCH 10, 2025

When obtaining a judgment in a debt collection action and, thereafter, seeking to enforce that judgment, debt collectors must be aware of the EIPA and proceed accordingly. More details here. Pro se complaints should always be evaluated for early motion practice.

Debt collector 130

Debt collector Fair Debt Collection Debtor Judgment 130

Account Recovery

AUGUST 3, 2020

A District Court judge in Tennessee has granted a defendant’s motion for summary judgment in a Fair Debt Collection Practices Act case, agreeing that the defendant does not meet the definition of debt collector under the statute, in large part because the plaintiff’s agreement with the creditor spells out the exact nature of the relationship (..)

Fair Debt Collection 173

Fair Debt Collection Debt collector Judgment Creditors 173

Account Recovery

MARCH 19, 2021

JUDGE GRANTS MSJ FOR PLAINTIFF OVER STATUS OF DEBT BECAUSE CREDITOR CANCELED ACCOUNT 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 (..)

Garnishment 162

Garnishment Fair Debt Collection Debt collector Judgment 162

Account Recovery

JANUARY 6, 2021

A District Court judge in Illinois has granted a plaintiff’s motion for class certification as well as a motion for summary judgment in a Fair Debt Collection Practices Act case that hinged on the defendant’s inclusion of an internal notation when it identified the creditor to whom the debt was owed in a collection letter.

Fair Debt Collection 147

Fair Debt Collection Creditors Judgment Collections 147

Account Recovery

FEBRUARY 24, 2025

The litigation relates to the Plaintiffs challenges of the CFPBs Final Rule, which involves the CFPBs prohibition on creditors and consumer reporting agencies concerning medical information. Stay tuned! In an alarming trend, we are seeing more consumer actions being brought for abandoned litigation.

Debt Buying 130

Debt Buying Debt collector Credit Unions Credit Unions 130

Account Recovery

OCTOBER 9, 2024

The plaintiff won a $2,000 judgment against the apartment complex in Maryland state court for issues related to mold in his apartment, but never collected on it. In his ruling, Judge Grimberg found no evidence that the Maryland judgment was related to or altered the outstanding balance that the defendant sought to recover.

Judgment 130

Judgment Fair Debt Collection Collections Agency Collection Agencies 130

Account Recovery

JUNE 29, 2023

A District Court judge in Nevada has granted a defendant’s motion for judgment on the pleadings in a Fair Credit Reporting Act and Fair Debt Collection Practices Act case involving duplicative entries on the plaintiff’s credit report from a collection agency and a creditor related to the same debt, although the amounts of the debt […] (..)

Fair Debt Collection 130

Fair Debt Collection Collections Agency Collection Agencies Judgment 130

Collections Law

OCTOBER 21, 2024

Some of the most important include: Massachusetts General Laws Chapter 93, Section 49: Section 49 of Chapter 93 prohibits unfair, deceptive, or unreasonable debt collection practices. It sets the standard for ethical collection methods. Massachusetts Fair Debt Collection Practices Act (MGL c.93,

Commercial Collection 52

Commercial Collection Collections Fair Debt Collection Lawyers 52

Account Recovery

AUGUST 12, 2024

Judge Grants MTD in FDCPA Class Action Over Language in Letter A District Court judge in New Jersey has granted a defendant’s motion to dismiss a Fair Debt Collection Practices Act class-action lawsuit, but not on the merits as the defendant had sought. Read on to hear what the experts have to say this week. More details here.

Judgment 130

Judgment Fair Debt Collection Original Creditor Debt collector 130

Debt Free Colorado

FEBRUARY 21, 2022

Does Colorado Law Protect Me From Debt Collectors? When collecting a debt from you, collection agencies must adhere to federal and state rules. Fortunately, the federal Fair Debt Collection Practices Act (FDCPA) protects all states. What is the Federal Fair Debt Collection Practices Act (FDCPA)?

Debt collector 98

Debt collector Fair Debt Collection Collections Agency Collection Agencies 98

Account Recovery

OCTOBER 7, 2024

As the court observed, the percentage of the law firm’s business devoted to collections had little bearing on whether it “regularly” collected debts on behalf of another and the lack of record evidence bearing on that point was no grounds for granting the law firm summary judgment.

Debt collector 130

Debt collector Law Firms Fair Debt Collection Student loans 130

Nexa Collect

JUNE 21, 2023

Legal Action : The creditor or collection agency may file a lawsuit against you to recover the debt. If you ignore this or fail to defend yourself in court, a default judgment may be issued against you. Debt Sold : The debt collection agency might sell your debt to another agency.

Collections Agency 100

Collections Agency Collection Agencies Credit Counselor Garnishment 100

Credit Corp

MARCH 12, 2025

Dealing with credit card debt is challenging, let alone facing a debt lawsuit.If the creditor wins the lawsuit, you may face serious financial repercussions. If you find yourself being sued by a debt collector, you may wonder how to get a credit card lawsuit dismissed.

Debt collector 52

Debt collector Credit Card Debt Creditors Bankruptcy 52

Account Recovery

SEPTEMBER 30, 2024

Judge Rules Debt Collection Lawsuit Waives Arbitration Clause A District Court judge in Maryland has denied a defendant’s motion to compel arbitration in a Fair Debt Collection Practices Act case, ruling that the defendant waived its right to arbitrate by engaging in prior litigation. More details here.

Fair Debt Collection 130

Fair Debt Collection Personal loans Collections Loans 130

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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Debt collector Judgment Fair Debt Collection Debtor 59

Collections Law

FEBRUARY 9, 2024

A company has a right to pursue a debt that is owed to them. State and federal consumer and commercial laws afford methods for creditors to collect the debts that are owed to them. Our lawyers are well-versed in the Fair Debt Collection Practices Act (FDCPA).

Mechanic’s Liens 98

Mechanic’s Liens Collections Commercial Collection Lawyers 98

Troutman Sanders

SEPTEMBER 14, 2023

District Court for the Eastern District of Michigan granted summary judgment in the defendant’s favor finding that the plaintiff had not suffered a concrete injury and therefore lacked standing to assert a claim under the Fair Debt Collections Practices Act (FDCPA). The parties filed cross motions for summary judgment.

Judgment 52

Judgment Creditors Fair Debt Collection Collections 52

Troutman Sanders

JULY 28, 2020

Does a judicial foreclosure action constitute “debt collection activity” under the Fair Debt Collection Practices Act (“FDCPA”)? The answer depends on whether the creditor attempts to recover the unpaid mortgage balance or just the property, according to the U.S. Routh Crabtree Olson, P.C.

Foreclosure 52

Foreclosure Judgment Collections Fair Debt Collection 52

Troutman Sanders

JUNE 16, 2021

Med-1 Solutions LLC , an Indiana district court granted partial summary judgment for the defendant in a Fair Debt Collection Practices Act (FDCPA) case. Both parties moved for summary judgment. In Kinnick v.

Judgment 52

Judgment Debt collector Bankruptcy Fair Debt Collection 52

Credit Corp

NOVEMBER 9, 2020

Knowing illegal debt collection practices can help identify when you’re being treated unfairly. The Fair Debt Collection Practices Act is a federal law that protects consumers against certain unfair collection practices. It does not come into play for creditors collecting their own debts.

Collections Agency 105

Collections Agency Collection Agencies Credit Bureau Collections 105

Troutman Sanders

OCTOBER 7, 2021

a Third Circuit district court granted summary judgment to the defendants in a Fair Debt Collection Practices Act (FDCPA) case. LTD subsequently sent four collection letters to the plaintiff that identified the creditor as “Citibank (South Dakota), N.A. In Bordeaux v.

Judgment 52

Judgment Collections Debt collector Creditors 52