Account Recovery

FEBRUARY 23, 2022

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 Fair Debt Collection Practices Act by overcharging him for a visit to the emergency room and using “aggressive, manipulative, and … The (..)

Debt collector 243

Debt collector Fair Debt Collection Collection Agencies Collections Agency 243

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

DECEMBER 19, 2024

A District Court Judge in Washington has granted a motion to dismiss filed by all the defendants in a Fair Credit Reporting Act and Fair Debt Collection Practices Act case, ruling that the plaintiff failed to adequately allege that the defendants actions were impermissible under the law. Learn more.

Creditworthiness 130

Creditworthiness Debt collector Fair Debt Collection Collections 130

Account Recovery

JANUARY 15, 2025

A District Court judge in Florida has denied a defendant’s motion to dismiss claims it violated the Fair Debt Collection Practices Act and the Florida Consumer Collections Practices Act in a ruling that seems potentially problematic in terms of the definition of debt collector and when a debt is in default.

Debt collector 130

Debt collector Fair Debt Collection Consumer Collections Collections 130

Account Recovery

FEBRUARY 5, 2025

The Court of Appeals for the Eleventh Circuit has affirmed a lower court’s ruling for the plaintiffs in a Fair Debt Collection Practices Act case over convenience fees, ruling loan servicers are prohibited from charging anything not expressly authorized by the underlying agreement or permitted by law. Learn more.

Loans 130

Loans Debt collector Fair Debt Collection Trade 130

Account Recovery

OCTOBER 21, 2024

One of the key arguments is that the rule discriminates against debt collectors by limiting their ability to communicate with consumers, a restriction the plaintiffs argue violates their right to free speech. The lawsuit makes several claims, primarily centered around violations of the First and Fourteenth Amendments.

Debt collector 130

Debt collector Collections Fair Debt Collection Collection Agencies 130

Account Recovery

JANUARY 29, 2025

The Court of Appeals for the Seventh Circuit has overturned a lower court’s ruling in favor of the defendant in a Fair Debt Collection Practices Act case, ruling that the defendants lack of knowledge about a prior dispute did not absolve it of its obligations under the FDCPA.

Credit Unions 130

Credit Unions Credit Unions Credit Card Debt Fair Debt Collection 130

Account Recovery

FEBRUARY 23, 2022

A bill has been introduced in Congress that would expand the Fair Debt Collection Practices Act to cover small business debts in order to protect those companies from “harassment” by third-party debt collectors, according to the bill’s sponsor.

Third-party Debt Collectors 246

Third-party Debt Collectors Fair Debt Collection Debt collector Collections 246

Account Recovery

NOVEMBER 18, 2024

A District Court judge in Maryland has granted a defendant’s motion to dismiss a Fair Debt Collection Practices Act lawsuit after it was accused of not responding to a validation request from the consumer, pointing out that the defendant doesn’t necessarily have to respond, as long as it doesn’t attempt to collect on the debt.

Debt collector 130

Debt collector Fair Debt Collection Collections 130

Account Recovery

DECEMBER 12, 2024

A District Court judge in Mississippi has approved a settlement in a Fair Debt Collection Practices Act class action that will see the defendant pay $14,000 to the plaintiffs and their attorneys. The $14,000 settlement includes $8,000 in compensation for the class members and $6,000 to cover attorney fees. Learn more.

Fair Debt Collection 130

Fair Debt Collection Debt collector Collections 130

Account Recovery

MARCH 10, 2025

ROBBIN LAW: After the New York Attorney General Letitia James (NYAG) recent crack downs on debt collectors violations of New Yorks Exempt Income Protection Act (EIPA), the NYAG has provided debtors with a guide on their rights under the EIPA. More details here. WHAT THIS MEANS, FROM JACQUELYN DICICCO OF J.

Debt collector 130

Debt collector Fair Debt Collection Debtor Judgment 130

Account Recovery

FEBRUARY 20, 2025

A District Court judge in Michigan has denied a defendant’s motion for judgment on the pleadings in a Fair Debt Collection Practices Act case, ruling that the defendants attempt to impose a 5% interest rate on the debt without clear contractual or legal authorization may constitute a violation of the FDCPA.

Fair Debt Collection 130

Fair Debt Collection Debt collector Judgment Collections 130

American Profit Recovery

MAY 23, 2024

There are countless myths about debt collectors and the debt collection industry as a whole. Debt collections 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.

Debt collector 154

Debt collector Collection Agencies Collections Agency Fair Debt Collection 154

Account Recovery

MAY 24, 2021

A Magistrate judge in Texas has recommended that a Fair Debt Collection Practices Act case against a first-party debt collector be dismissed because the plaintiff did not do enough to argue that the defendant meets the definition of debt collector under the statute.

Fair Debt Collection 246

Fair Debt Collection Debt collector Collections 246

Account Recovery

JANUARY 19, 2022

Congress made a mistake when it drafted Section 1692c(b) of the Fair Debt Collection Practices Act, which prohibits communicating information about a debt with third parties because the way the statute is written, “there would be no corporate debt collectors because debt collectors would violate the FDCPA ever single time they communicated about (..)

Fair Debt Collection 246

Fair Debt Collection Debt collector Collections 246

Account Recovery

JANUARY 19, 2022

Preferred Files Brief with Eleventh Circuit; Regulator Revokes Agency’s License appeared first on AccountsRecovery.net.

Fair Debt Collection 246

Fair Debt Collection Debt collector Collections 246

Account Recovery

MARCH 21, 2022

APPEALS COURT UPHOLDS SUBPOENA OF DEBT COLLECTOR A state Appeals Court in California has upheld a ruling from a lower court compelling a debt collector to comply with a subpoena it received from four District Attorney’s offices in the state investigating the collector’s compliance with the Rosenthal Fair Debt Collection Practices Act and the … (..)

Fair Debt Collection 246

Fair Debt Collection Debt collector Collections 246

Account Recovery

MARCH 4, 2025

Second, the FTC claims they violated the Fair Debt Collection Practices Act by failing to disclose that they were acting as debt collectors and by making threats arrest, property liens, and wage garnishment that they could not legally enforce.

Collections 130

Collections Fair Debt Collection Garnishment Law Firms 130

Account Recovery

FEBRUARY 24, 2025

In a case that was defended by the team at Martin Golden Lyons Wats Morgan, a District Court Judge in Colorado has granted a defendant’s motion for summary judgment in a Fair Debt Collection Practices Act lawsuit, ruling that the debt collector did not violate the statutes debt verification requirements.

Fair Debt Collection 130

Fair Debt Collection Debt collector Judgment Collections 130

Account Recovery

JANUARY 29, 2025

The decision reinforces the standard that merely questioning a balance does not necessarily trigger the reporting requirements of Section 1692e(8) of the FDCPA.

Fair Debt Collection 130

Fair Debt Collection Debt collector Judgment Collections 130

Account Recovery

JANUARY 30, 2025

The Court of Appeals for the Seventh Circuit has affirmed a lower court’s ruling in favor of the defendant in a Fair Debt Collection Practices Act and Telephone Consumer Protection Act case, ruling that the plaintiff failed to provide sufficient evidence to support his claims.

Fair Debt Collection 130

Fair Debt Collection Debt collector Collections Credit Management 130

Account Recovery

MAY 15, 2023

A Magistrate Court judge in Nevada has partially granted a plaintiff’s motion for summary judgment in a Fair Debt Collection 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 debt collector, and the debt in question …

Fair Debt Collection 246

Fair Debt Collection Debt collector Judgment Collections 246

Account Recovery

JULY 28, 2021

The model validation notice represents a complete top-down overhaul of the validation notice that debt collectors have been sending since the Fair Debt Collection Practices Act was enacted back when disco was king.

Fair Debt Collection 246

Fair Debt Collection Debt collector Collections 246

Account Recovery

JANUARY 25, 2022

A plaintiff in Texas has filed a lawsuit against a debt collector, claiming it violated the Fair Debt Collection 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.

Fair Debt Collection 246

Fair Debt Collection Debt collector Collections 246

Account Recovery

MARCH 2, 2022

But when it comes to the Fair Debt Collection Practices Act, especially on a debt in excess of $3,000, not suing a debt collector 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

Fair Debt Collection 246

Fair Debt Collection Debt collector Collections 246

Account Recovery

AUGUST 3, 2021

Vicarious liability became a bit of a hot topic within the context of Fair Debt Collection Practices Act cases recently following a District Court ruling that held a debt buyer liable for the actions of a debt collector working its accounts, but a District Court judge in Alabama has now determined that a debt buyer … The post Judge Grants MSJ (..)

Fair Debt Collection 246

Fair Debt Collection Debt collector Collections 246

Account Recovery

AUGUST 18, 2020

The Ninth Circuit Court of Appeals has overturned a lower court’s ruling that granted summary judgment in favor of a debt collector that was sued for violating the Fair Debt Collection Practices Act because it was entitled to the Bona Fide Error defense, determining that the lower court erred in assessing the BFE test.

Fair Debt Collection 246

Fair Debt Collection Debt collector Judgment Collections 246

Account Recovery

DECEMBER 16, 2020

A day after it issued two rulings in which it determined plaintiffs lacked standing to sue debt collectors for alleged violations of the Fair Debt Collection 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 (..)

Fair Debt Collection 246

Fair Debt Collection Debt collector Collections 246

Account Recovery

OCTOBER 27, 2020

Thanks to the team at Ballard Spahr for noticing that the Consumer Financial Protection Bureau filed an amicus brief in support of a debt collector’s position that it did not violate the Fair Debt Collection Practices Act when it included line items indicating that an individual owed $0.00

Fair Debt Collection 246

Fair Debt Collection Debt collector Collections 246

Account Recovery

OCTOBER 11, 2021

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 Fair Debt Collection Practices Act case that accused the defendant of not properly identifying itself as a debt collector in conversations between the two and for … The post Judge (..)

Fair Debt Collection 246

Fair Debt Collection Debt collector Judgment Collections 246

Account Recovery

SEPTEMBER 9, 2022

The Consumer Financial Protection Bureau wants debt collectors to know that if they are collecting or attempting to collect debts 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 Fair Debt Collection (..)

Fair Debt Collection 246

Fair Debt Collection Debt collector Collections 246

Account Recovery

JANUARY 22, 2021

The Seventh Circuit Court of Appeals continued its assault on standing in Fair Debt Collection Practices Act cases yesterday, affirming a District Court ruling that a plaintiff lacked standing to sue a debt collector 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 (..)

Fair Debt Collection 246

Fair Debt Collection Debt collector Collections 246

Account Recovery

AUGUST 19, 2020

A District Court judge in Utah has certified a Fair Debt Collection Practices Act class action case which accused a defendant of pursuing judgments on defaulted debts without registering as a debt collector in the state. A copy of the ruling in the case of Lawrence v.

Fair Debt Collection 246

Fair Debt Collection Debt collector Judgment Collections 246

Account Recovery

MAY 7, 2021

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 debt collector that has committed any violation of the Fair Debt Collection Practices Act.

Loans 246

Loans Fair Debt Collection Debt collector Collections 246

Account Recovery

JUNE 14, 2022

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 Fair Debt Collection Practices Act “bars debt collectors from (..)

Fair Debt Collection 245

Fair Debt Collection Debt collector Collections 245

Account Recovery

JULY 30, 2021

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 Fair Debt Collection Practices Act case in which the debt collector was accused of attempting to collect a debt that the plaintiff claimed she did not owe.

Fair Debt Collection 246

Fair Debt Collection Debt collector Collections 246

Account Recovery

APRIL 23, 2021

Preferred Collection and Management Services, a class-action lawsuit has been filed in New York federal court accusing a debt collector of violating Section 1692c(b) and 1692f of the Fair Debt Collection Practices Act … The post First Class-Action Suit, post-Hunstein, Filed in N.Y.

Fair Debt Collection 246

Fair Debt Collection Debt collector Collections Healthcare 246