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The Consumer Financial Protection Bureau yesterday announced it had filed a lawsuit against a debtcollector, accusing it of violating the FairDebtCollection Practices Act and Consumer Financial Protection Act by sending collection letters using the letterheads of its clients — district attorneys’ offices — to collect on outstanding (..)
A state Appeals Court in California has upheld a ruling from a lower court compelling a debtcollector to comply with a subpoena it received from four District Attorney’s offices in the state investigating the collector’s compliance with the Rosenthal FairDebtCollection Practices Act and the Telephone Consumer Protection Act.
The Attorney General of Georgia has announced a settlement with a company that was accused of violating the FairDebtCollection Practices Act and state law in Georgia that will see the company turn over $19.8 million worth of accounts and pay a fine of $41,500.
A class action lawsuit has been filed in North Carolina federal court against a hospital network and the collection agency it uses, accusing them of violating state law in North Carolina as well as the FairDebtCollection Practices Act by overcharging him for a visit to the emergency room and using “aggressive, manipulative, and … The (..)
A bill has been introduced in Congress that would expand the FairDebtCollection Practices Act to cover small business debts in order to protect those companies from “harassment” by third-party debtcollectors, according to the bill’s sponsor.
A Magistrate judge in Texas has recommended that a FairDebtCollection Practices Act case against a first-party debtcollector be dismissed because the plaintiff did not do enough to argue that the defendant meets the definition of debtcollector under the statute.
Congress made a mistake when it drafted Section 1692c(b) of the FairDebtCollection Practices Act, which prohibits communicating information about a debt with third parties because the way the statute is written, “there would be no corporate debtcollectors because debtcollectors would violate the FDCPA ever single time they communicated about (..)
There are countless myths about debtcollectors and the debtcollection industry as a whole. Debtcollections in many circumstances can be a complex situation for both the business trying to recover money and the consumer trying to navigate financial difficulty. But that is simply not the case.
APPEALS COURT UPHOLDS SUBPOENA OF DEBTCOLLECTOR A state Appeals Court in California has upheld a ruling from a lower court compelling a debtcollector to comply with a subpoena it received from four District Attorney’s offices in the state investigating the collector’s compliance with the Rosenthal FairDebtCollection Practices Act and the … (..)
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 FairDebtCollection Practices Act, and Regulation F.
A District Court judge in California has denied a defendant’s argument that it does not meet the definition of a debtcollector under the FairDebtCollection Practices Act and ruled that the plaintiff’s claims can proceed. However, Judge Marilyn L. Learn more.
A Magistrate Court judge in Nevada has partially granted a plaintiff’s motion for summary judgment in a FairDebtCollection Practices Act case — but only on the grounds that there are no genuine issues of material fact that the plaintiff is a consumer, the defendant is a debtcollector, and the debt in question …
The model validation notice represents a complete top-down overhaul of the validation notice that debtcollectors have been sending since the FairDebtCollection Practices Act was enacted back when disco was king.
A plaintiff in Texas has filed a lawsuit against a debtcollector, claiming it violated the FairDebtCollection Practices Act and Regulation F by allegedly reporting a debt to the credit reporting agencies that had already been paid in full. A copy of the complaint in the case of Jaramillo v.
But when it comes to the FairDebtCollection Practices Act, especially on a debt in excess of $3,000, not suing a debtcollector over a penny is the best way to save your money, according to a District Court judge in New York who … The post Judge Grants MTD in FDCPA Case Over $0.01
Vicarious liability became a bit of a hot topic within the context of FairDebtCollection Practices Act cases recently following a District Court ruling that held a debt buyer liable for the actions of a debtcollector working its accounts, but a District Court judge in Alabama has now determined that a debt buyer … The post Judge Grants MSJ (..)
The Ninth Circuit Court of Appeals has overturned a lower court’s ruling that granted summary judgment in favor of a debtcollector that was sued for violating the FairDebtCollection Practices Act because it was entitled to the Bona Fide Error defense, determining that the lower court erred in assessing the BFE test.
A day after it issued two rulings in which it determined plaintiffs lacked standing to sue debtcollectors for alleged violations of the FairDebtCollection Practices Act, the Court of Appeals for the Seventh Circuit issued four more rulings on the matter yesterday, determining in each case that the plaintiffs lacked standing to file … The post (..)
Thanks to the team at Ballard Spahr for noticing that the Consumer Financial Protection Bureau filed an amicus brief in support of a debtcollector’s position that it did not violate the FairDebtCollection Practices Act when it included line items indicating that an individual owed $0.00
A District Court judge in Ohio has awarded a plaintiff more than $70,000 in damages and attorney fees after a default judgment was entered against a defendant in a FairDebtCollection Practices Act case that accused the defendant of not properly identifying itself as a debtcollector in conversations between the two and for … The post Judge (..)
The Consumer Financial Protection Bureau wants debtcollectors to know that if they are collecting or attempting to collectdebts on behalf of nursing home clients that require caregivers to personally guarantee payment of a resident’s bills — which violates federal law — the collector may be in violation of the FairDebtCollection (..)
The Seventh Circuit Court of Appeals continued its assault on standing in FairDebtCollection Practices Act cases yesterday, affirming a District Court ruling that a plaintiff lacked standing to sue a debtcollector because she did not try to show an intent to dispute a debt while suing because she was confused about how … The post Seventh Circuit (..)
A District Court judge in Utah has certified a FairDebtCollection Practices Act class action case which accused a defendant of pursuing judgments on defaulted debts without registering as a debtcollector in the state. A copy of the ruling in the case of Lawrence v.
A month after a similar bill was introduced in the House of Representatives, a bill has been introduced in the Senate that seeks to choke off access to the Paycheck Protection Program for any debtcollector that has committed any violation of the FairDebtCollection Practices Act.
A District Court judge in Washington has denied a defendant’s motion to dismiss after it was sued for allegedly communicating information about a debt with an unauthorized third party that printed and mailed a collection letter to the plaintiff, ruling that the language of the FairDebtCollection Practices Act “bars debtcollectors from (..)
A District Court judge in Washington has mostly denied a defendant’s motion to dismiss — she did grant it on one count of the claim — in a FairDebtCollection Practices Act case in which the debtcollector was accused of attempting to collect a debt that the plaintiff claimed she did not owe.
Preferred Collection and Management Services, a class-action lawsuit has been filed in New York federal court accusing a debtcollector of violating Section 1692c(b) and 1692f of the FairDebtCollection Practices Act … The post First Class-Action Suit, post-Hunstein, Filed in N.Y.
The Eleventh Circuit Court of Appeals has overturned a lower court’s ruling that a debtcollector did not violate the FairDebtCollection Practices Act when it sent an individual’s personal information to a letter vendor to have a collection letter sent to that person.
The number of 1692c(b) lawsuits alleging that a debtcollector communicated information with a third party in violation of the FairDebtCollection Practices Act continues to explode in the weeks following the Eleventh Circuit Court of Appeals’s ruling in Hunstein v.
The Attorney General of Colorado has announced it will be holding a virtual rulemaking meeting on March 23 to discuss amending the state’s FairDebtCollection Practices Act by making a number of changes to how debtcollectors in the state must operate.
Debtcollectors that evict tenants will have to provide written notice to those individuals, alerting them to their rights under the Centers for Disease Control’s moratorium on evictions and will face prosecution by state attorneys general for violations of the FairDebtCollection Practices Act or private lawsuits by the tenants for not doing (..)
A class-action complaint has been filed against a debtcollector for violating the FairDebtCollection Practices Act because it allegedly offered to delete a debt from an individual’s credit report if the individual accepted a settlement offer, but instead reported the debt as “paid” with a $0 balance instead.
Debtcollectors are often accused of not providing enough documentation when filing lawsuits against consumers for unpaid debts, but can even be accused of violating the FairDebtCollection Practices Act when they do provide all the documentation that is required.
Is it possible for an individual to sue a debtcollector 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 original creditor for placing the allegedly illegitimate debt … The post (..)
A District Court judge in Virginia has granted motions to dismiss on claims that defendants in a class-action lawsuit violated the FairDebtCollection Practices Act, but denied a motion to dismiss that the defendants — a group of debt buyers — and the debtcollectors it used to collect on the debts in question … The post Judge Grants (..)
Debtcollectors, for as long as the FairDebtCollection Practices Act has been in effect, have had rules about when it is ok and when it is not ok to speak with consumers.
When it comes to FairDebtCollection Practices Act lawsuits, there are not many claims that haven’t already been made. Plaintiffs and their lawyers have been attacking the FDCPA for years and had pretty much identified all the different reasons why a debtcollector could be sued.
When is a communication from a debtcollector not an attempt to collect a debt? If it says so in a letter to an attorney representing a consumer, is that enough?
A plaintiff in Illinois has filed a lawsuit against a payment processor and debtcollector, alleging it violated the FairDebtCollection Practices Act and Regulation F by making repeated phone calls to his cell phone after the plaintiff had asked for communications to be ceased.
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 debtcollector of violating the FairDebtCollection Practices Act after a District Court (..)
DEBTCOLLECTOR TO TURN OVER $20M IN ACCOUNTS UNDER SETTLEMENT WITH GEORGIA AG The Attorney General of Georgia has announced a settlement with a company that was accused of violating the FairDebtCollection Practices Act and state law in Georgia that will see the company turn over $19.8
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