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A District Court judge in Oklahoma has granted a defendant’s motion to dismiss a FairDebtCollection Practices Act case, ruling the defendant did not violate the statute because it failed to notify the originalcreditor that the debt had been disputed by the plaintiff.
A District Court judge in Michigan has granted a defendant’s motion to dismiss after it was sued for allegedly violating the FairDebtCollection Practices Act by contacting the plaintiff after she had disputed the debt in question with the originalcreditor and for making a “hard inquiry” on her credit report.
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.
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 FairDebtCollection Practices Act to notify the originalcreditor that a debt was being disputed.
A Magistrate Court judge in New York has awarded the attorneys representing a plaintiff in a FairDebtCollection 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 originalcreditor.
A District Court judge in Illinois has granted a defendant’s motion for summary judgment in a FairDebtCollection Practices Act case involving how the defendant, and the originalcreditor, came to be in possession of the plaintiff’s husband’s Social Security number.
A District Court judge in California has denied a defendant’s motion to compel arbitration in a FairDebtCollection Practices Act case, ruling that the collection law firm’s actions were independent of the originalcreditor, and thus not subject to the original agreement’s arbitration clause.
A District Court judge in Illinois has granted a plaintiff’s motion to remand a FairDebtCollection 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 originalcreditor was slightly different in … The (..)
Is it possible for an individual to sue a debt collector for violating the Fair Credit Reporting Act and FairDebtCollection 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 originalcreditor for placing the allegedly illegitimate debt … The post (..)
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 FairDebtCollection Practices Act case, ruling that the collection law firm’s actions were independent of the originalcreditor, and thus not subject to the original agreement’s arbitration clause.
A District Court judge in California has granted a defendant’s motion to dismiss after it was sued for allegedly violating the FairDebtCollection Practices Act because it identified the creditor and the originalcreditor in a letter, but did not identify the current creditor to whom the debt was owed, with the judge ruling … The post (..)
A class-action lawsuit has been filed against a collection agency for allegedly violating the FairDebtCollection Practices Act by having multiple addresses on a collection letter it sent and not explicitly communicating to which address disputes or requests for originalcreditor information should be sent.
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 originalcreditor, and allowing a Rosenthal FairDebtCollection Practices Act case to proceed.
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 FairDebtCollection Practices Act because it did not include a copy of the originalcreditor’s financial … The post Appeals Court Affirms (..)
A consumer in Kentucky is attempting to use the arbitration provision of the underlying agreement between herself and the originalcreditor as evidence that the defendant violated the FairDebtCollection Practices Act and state law by filing a collection lawsuit against her.
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 FairDebtCollection Practices Act because the defendant did not show that the plaintiff must rely on the terms of his customer agreement with the originalcreditor … (..)
A District Court judge in Connecticut has denied a defendant’s motion to compel arbitration in a FairDebtCollection Practices Act class-action lawsuit, ruling the defendant — a debt buyer that purchased the account from the originalcreditor — did not have specific documentation reflecting the assignment of the plaintiff’s (..)
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 originalcreditor’s mailing address.
The background: The plaintiff claimed that the defendant attempted to collect a debt that it had purchased from the originalcreditor. The debt was then transferred to the defendant for collection.
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 originalcreditor can compel arbitration after being sued for allegedly violating the FairDebtCollection Practices Act.
A District Court judge in Pennsylvania has denied a defendant’s motion to dismiss a FairDebtCollection Practices Act lawsuit, ruling that the plaintiff did in fact dispute a debt when, during a conversation with a representative of the defendant, he said, “the balance seems to be a little off.”
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.
A District Court judge in Arizona has granted a defendant’s motion to dismiss a FairDebtCollection 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.
Although the credit union’s tradeline was updated to reflect that the account was “closed” and in collections, and the collection agency’s tradeline indicated that the credit union was the originalcreditor, both tradelines showed a balance, albeit for different amounts — $18,340 for the credit union and $20,875 for the collection agency.
Working with third-party debt collectors can be confusing and scary. adults with debt in collections, knowing their legal rights is crucial. The FairDebtCollection Practices Act covers third-party debt collectors — those who buy a delinquent debt from an originalcreditor, like a credit card company.
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 FairDebtCollection Practices Act (FDCPA) protects all states. What is the Federal FairDebtCollection Practices Act (FDCPA)?
NYC Amends Collection Regulation to Clarify DebtCollection Definition Includes Creditors In a development first announced by ACA International, the New York City Department of Consumer and Worker Protection (DCWP) has proposed an amendment to its new debtcollection regulation. More details here.
Knowing illegal debtcollection practices can help identify when you’re being treated unfairly. The FairDebtCollection Practices Act is a federal law that protects consumers against certain unfair collection practices. It does not come into play for creditorscollecting their own debts.
Increased Debt : If you ignore the debt, interest and fees may accumulate, potentially increasing the total amount you owe. Legal Action : The creditor or collection agency may file a lawsuit against you to recover the debt. Debt Sold : The debtcollection agency might sell your debt to another agency.
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 FairDebtCollection 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.
Your credit score may improve if your collectiondebt 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. How Does CollectionsDebt Affect Your Credit Score?
Suddenly, the debt reappears on your credit report, except now it’s a zombie debt. Zombie Debts and Judgments. If the originalcreditor went to court and obtained a judgment against you for a debt, the zombie debt cycle can be more complicated. Why Is Zombie Debt Such a Problem?
Our rating: False There is nothing illegal about collection agencies buying debt from third parties and attempting to collect it. The post also misrepresents the protections in place to prevent harassment by debt collectors. They can be done without the consumer’s permission.
If you have heard from a debt collector called MRS BPO LLC recently, you may already be aware of this and looking for a way to fix the situation. MRS BPO LLC is contacting you because they are now responsible for collecting a debt on behalf of your originalcreditor.
If the debt collector made an error: If you suspect the debtcollection agency made a mistake, like if you see a debt you don’t recognize, you’ll need to confirm the debt belongs to you. You can also contact the originalcreditor to get this information. How Does Debt End Up in Collections?
This letter indicated that Diverse Funding was now creditor to whom the debt was owed but further stated, “[t]he originalcreditor was. Contract Callers, Inc. Civil Action No. RDB-21-1540 (D. The claims arose out of a letter that Contract Callers sent to Whitfield in February 2009. sic] You may recognize this as your.
District Court for the Southern District of California, granting summary judgment in favor of a debt collector in a FairDebtCollections 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.
The FairDebtCollection Practices Act provides some support for a consumer disputing a collection. Under the FDCPA, a collection agency must provide you with information that verifies the debt, including the total amount due and the originalcreditor.
The plaintiff filed a lawsuit alleging that the debt collector violated the FairDebtCollection Practices Act (FDCPA) because it was not allowed to charge interest on the unpaid debt or, alternatively, that it was using the wrong start date for the interest calculation.
District Court for the District of New Jersey found that the plaintiff had not suffered an injury in fact and therefore lacked standing to assert a claim under the FairDebtCollections Practices Act (FDCPA). The plaintiff incurred a debt to a bank, which sold the account to a new creditor.
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