Consumer Financial Services Law

APRIL 16, 2018

Guynn defaulted on his Bank of America credit card in 2013, and in 2016 the account was referred to a law firm for collection. As an affirmative defense, the law firm asserted bona fide error. Pre-Suit Review Prior to filing suit, the law firm employed a checklist to ensure that all FDCPA requirements had been met.

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Collection Industry News

SEPTEMBER 8, 2020

Debt collection means requiring debtors to pay creditors outstanding due or overdue amount or property as obligated by a contract or by a decision of a competent State’s authority. In addition to debt collectors operating under Decree No. Creditors must have a legal basis and a set of evidence debt payment demand.

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Credit Corp

SEPTEMBER 12, 2023

If you have a lot of inaccurate collection accounts on your report, you might need help from a credit repair firm like Lexington Law Firm. If the debt collector made an error: If you suspect the debt collection agency made a mistake, like if you see a debt you don’t recognize, you’ll need to confirm the debt belongs to you.

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UK debt collections

SEPTEMBER 2, 2021

Litigation comes secondary and can only be initiated after sufficient efforts have been made to recover your debtor’s unpaid dues (i.e. To speed up this process you may choose to hire an experienced French law firm. . Step 1: Your lawyer will send a formal demand letter to your debtor (‘la mise en demeure’).

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Collection Industry News

DECEMBER 21, 2020

Court of Appeals for the Ninth Circuit recently reversed an award of summary judgment in favor of a defendant debt collector against claims that it violated the federal Fair Debt Collection Practices Act (FDCPA) by attempting to collect a debt that was discharged in bankruptcy and no longer owed. 1692d, 1692e, 1692f.

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Consumer Financial Services Law

FEBRUARY 18, 2019

2013), which joined the Fourth and Fifth Circuits in holding that non-judicial foreclosures are “debt collection” under the FDCPA, the Sixth Circuit held on January 11 that a law firm has an affirmative duty to “stop the clock” on an initiated foreclosure once it receives a §1692g(b) dispute from the debtor. In Scott v.

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Better Credit Blog

AUGUST 31, 2020

Having debt in collections can be downright overwhelming, especially when debt collectors bombard you with dozens of phone calls. Debt collectors are notorious for harassing consumers when they seek repayment, calling excessively and threatening to take actions that may not be legal. Table of Contents.

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Consumer Financial Services Law

MARCH 23, 2021

Specifically, the debtor took issue with a disclosure in the validation notice, which she attached to her complaint, that provided “[i]n making this demand we are relying entirely on information provided by our client.” The disclosure at issue placed the law firm in a somewhat awkward position. communication is from an attorney.”

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FFGN COLLECT NY

FEBRUARY 10, 2021

That’s why it’s important to hire a reputable collection attorney that knows how to collect B2B debt properly. Hire A Law Firm That Specializes In Collecting B2B Debt. All agencies can do is send letters and call debtors. Filing A Lawsuit for B2B Debt. Collection agencies aren’t lawyers.

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Collection Industry News

FEBRUARY 25, 2022

Rodenburg Law Firm is available at: Link to Opinion. Debtor brought suit under 15 U.S.C. The parties stipulated as to remedy, and the trial court entered final judgment awarding Debtor statutory damages plus attorney’s and filing fees. A copy of the opinion in Ojogwu v. 1692c(a)(2) of the FDCPA.

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The McHughes Law Firm

AUGUST 29, 2016

Whether the debts are a few hundred dollars or tens of thousands, new business debt collection processes help countless companies recover debt in a timely manner. Myth No 3: If I Can Not Collect the Debt Myself, the Debtor Will Not Pay. 5: Debt Collectors Hound Debtors and Make Threats.

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Better Credit Blog

APRIL 1, 2022

There are a handful of excellent companies that dispute claims, seek debt validation, and get a collection removed from your account. They’re expertly trained to deal with debt collectors and get you results. What’s more, you can push back against common debt collector scare tactics that are explicitly prohibited by law.

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FDCPA Defense

MAY 11, 2017

When, if ever, should collection law firms include disclaimers on their collection letters, indicating that no attorney of the firm has reviewed the particular circumstances of the debtor’s file? The defendant attorney “did not make the decision to send a letter to a debtor; Household did.” The answer is unclear.

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FDCPA Defense

FEBRUARY 3, 2019

2012) (intent of debtor at time of purchase controls). Most courts have held that fines imposed by HOAs are not “debts” covered by the FDCPA. Kansas 2014) (HOA fines not debts under FDCPA); Mlnarik v. Are You Engaged In “Debt Collection” Under The FDCPA? Cheatham Farms Master HOA , 2018 WL 4297480 (C.D. 3d 290 (6th Cir.

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Troutman Sanders

FEBRUARY 14, 2022

LPA (Weltman), a law firm tasked with collecting the debt owed by Alina Khimmat, sent information, including Khimmat’s name, address, status as debtor, details of the debt, and other personal information, to a letter vendor hired to assist the firm in collecting the debt. 2:21-cv-02944-JDW, 2022 U.S.

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Collection Industry News

JUNE 1, 2023

Automated debt collection software, artificial intelligence (AI), and machine learning algorithms have improved efficiency, accuracy, and customer interactions. These technologies enable debt collectors to automate repetitive tasks, streamline workflows, analyze data more effectively, and personalize communication with debtors.

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Collections Law

MAY 7, 2020

Reach and Apply Injunction s — This injunction is effective when discovering that your debtor has its own debtor. In such a scenario, your debtor can be cut out of the equation, and your debtor’s debtor will pay you directly. Contact the Law Offices of Alan M. Cohen LLC Today.

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Collections Law

JULY 1, 2020

Have you lost all hope of recovering a long-overdue debt? You’ve tried everything in your power, but the debtor doesn’t respond or keeps making excuses to buy more time. You might be preparing to write off these dues as bad debts — but there is still light at the end of the tunnel. The Law Offices of Alan M.

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Collection Industry News

NOVEMBER 2, 2020

Shortly after, Barboza filed the instant lawsuit alleging that in filing the garnishment action, Pallida and the law firm representing it violated section 1692i of the FDCPA, which dictates how debt collectors must choose the venue for a collection lawsuit, along with the Texas Deceptive Trade Practices Act.

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Troutman Sanders

OCTOBER 28, 2020

Shortly after, Barboza filed the instant lawsuit alleging that in filing the garnishment action, Pallida and the law firm representing it violated section 1692i of the FDCPA, which dictates how debt collectors must choose the venue for a collection lawsuit, along with the Texas Deceptive Trade Practices Act.

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FDCPA Defense

JANUARY 28, 2012

Debt buyers are being sued based on the conduct of their agencies and law firms. Lawyers and agency owners are being sued based on the conduct of their clients and their collectors. How can debt collectors avoid liability for the conduct of others? What are the limits of vicarious liability under the FDCPA?

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FDCPA Defense

MARCH 23, 2015

Section 1692f(8) of the FDCPA prohibits a collector from using “any language or symbol, other than the debt collector's address, on any envelope when communicating with a consumer by use of the mails or by telegram, except that a debt collector may use his business name if such name does not indicate that he is in the debt collection business.”

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Debt Free Colorado

MARCH 3, 2023

Every case is unique, and every case merits the careful consideration of a law firm dedicated to providing specialized bankruptcy solutions. This type of bankruptcy enables the debtor to combine their debts, reach an agreement on a lower overall number and submit to a three-to-five-year plan for debt repayment.

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FDCPA Defense

FEBRUARY 1, 2018

One line of cases creates a duty to disclose to the debtor that the amount of the debt may be increasing due to accruing interest, fees or other charges. Two decisions out of the Second Circuit that have sparked a wave of new lawsuits against collectors are Avila v. Riexinger & Associates, LLC , 817 F.3d 3d 72 (2d Cir.

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Troutman Sanders

JANUARY 11, 2021

With these holdings, the Seventh Circuit stated that simply alleging a procedural violation, confusion, or annoyance under the FDCPA does not constitute an injury-in-fact and that plaintiffs need to show real harm resulting from their responses to debt collectors’ actions to have Article III standing in federal court. In Bazile v.

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FDCPA Defense

APRIL 17, 2019

Indeed, the “meaningful attorney involvement” theory has been embraced by the Consumer Financial Protection Bureau (“CFPB”) in its enforcement actions against large creditors’ rights law firms. The CFPB is expected to announce proposed debt collection rules in the near future that may incorporate the theory. What is the claim?

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FDCPA Defense

MARCH 2, 2014

NCO also agreed not place calls to any telephone number about a particular account if NCO had already been informed by anyone at that number that the debtor cannot be reached at that number or the person does not have location information about the debtor. NCO also agreed to judgment for a civil penalty totaling $3.2

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