Troutman Sanders

FEBRUARY 26, 2021

SN Servicing, LLC , a district court in the Ninth Circuit denied a defendant’s motion for summary judgment regarding the plaintiffs’ allegations that the defendant violated the Fair Debt Collection Practices Act and Oregon Unlawful Debt Collection Practices Act in its mortgage servicing activity.

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Collection Industry News

AUGUST 18, 2020

Does a judicial foreclosure action constitute “debt collection activity” under the Fair Debt Collection Practices Act (“FDCPA”)? The borrower then filed an action in federal court, claiming that an assortment of alleged misrepresentations in the foreclosure case constituted violations of the FDCPA.

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Better Credit Blog

MARCH 2, 2021

They collect on debts for both smaller doctors’ offices and clinics and hospitals. When your healthcare provider is unsuccessful at collecting your debt, they could contact a third-party agency such as H&R Accounts. It is always wise to limit your communication with debt collectors to letters rather than phone calls.

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Collection Industry News

MAY 2, 2023

. – Today, the Consumer Financial Protection Bureau (CFPB) issued guidance on debt collectors, covered by the Fair Debt Collection Practices Act, threatening to foreclose on homes with mortgages past the statute of limitations. A time-barred debt is one whose statute of limitations has expired.

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Mich Bankruptcy Blog

APRIL 28, 2019

There’s no doubt that many debt collection practices involve aggressive and unseemly tactics used to collect credit card and other unpaid debts, and, as a result, Congress stepped in to curb these practices by passing the Fair Debt Collection Practices Act (“FDCPA”). Supreme Court.

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Better Credit Blog

AUGUST 12, 2020

Often times, companies and debt collectors do not have sufficient documentation of customers’ debts. The Fair Debt Collection Practices Act requires debt collectors to provide valid proof of debts if you submit a validation letter within 30 days of being contacted by a company.

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Collection Industry News

MAY 18, 2021

While NAFCU supports efforts to stop abusive debt collection practices, the association had raised concerns about language contained in the bill that would expand the definition of a “debt collector” and increase risks to lenders. It now heads to the Senate for consideration.

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Burr Forman

MAY 20, 2021

Overall, the CDCIA’s proposed changes to consumer finance laws tend to support pro-consumer policies and will require financial institutions, debt collectors, and loan servicers to re-evaluate their business practices if the bill is ultimately passed.

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Troutman Sanders

FEBRUARY 27, 2023

district court judge in the Western District of New York ended a class action lawsuit by holding that communications between attorneys are not actionable under the Fair Debt Collection Practices Act (FDCPA). After lengthy discovery and litigation, a U.S.

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Collection Industry News

APRIL 30, 2023

On April 26, the Consumer Financial Protection Bureau (CFPB or Bureau) issued an advisory opinion reminding the industry that a debt collector who brings or threatens to bring a foreclosure action to collect a time-barred mortgage debt may violate the Fair Debt Collection Practices Act (FDCPA).

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Better Credit Blog

FEBRUARY 4, 2021

Are hired to help the original lender collect the debt. When a collections agency gets ahold of your debt, it can mean lots of phone calls and letters for you. Many consumers looking to cut ties with debt collectors simply pay off their debt, assuming it will get removed from their credit report.

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Better Credit Blog

FEBRUARY 15, 2021

Collections entries will stay on your report for a total of 7 years, even if you pay up your account. Depending on other factors on your credit score and the extent of your debt, a collections account can drop your score significantly. How to Deal with Fairway Collections. Foreclosure. Charge-offs. Hard inquiries.

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Collection Industry News

MAY 18, 2021

While consumer groups praised the bill for its recourse for consumers harassed by debt collectors, CUNA and NAFCU saw the bill as complicating the legal relationship between consumers, members and lenders. Require debt collectors to obtain consent before using electronic communications and provide written validation notices.

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Troutman Sanders

MAY 10, 2021

Our bank and loan servicing clients also face novel challenges affecting their industry due to COVID-19, particularly the ever-changing rules and regulations concerning evictions and foreclosures. You may access this interactive tool at [link]. For more information, click here. For more information, click here.

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Better Credit Blog

FEBRUARY 2, 2021

If they are unsuccessful, your debt will go into collections, which can have a significant impact on your credit report. Some companies sell their debts to third-party debt collectors , while others, like BGE, have their own collections department. Foreclosure. The best part? Owe BGE $250?

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FDCPA Defense

SEPTEMBER 22, 2018

Can a communication from a collector violate the Fair Debt Collection Practices Act, 15 U.S.C. What exactly does the term “debt collection” mean in the context of the FDCPA? It prohibits debt collectors from engaging in a broad range of unfair and misleading debt collection practices.

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Debt Free Colorado

JUNE 18, 2024

Quick Summary: Chapter 7 bankruptcy allows individuals to discharge most unsecured debts. Creditor harassment is any aggressive or threatening communication from a debt collector. Wage garnishment is a legal procedure where a creditor obtains a court order to withhold part of your earnings from your paycheck to repay a debt.

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Better Credit Blog

FEBRUARY 5, 2021

When you get behind on payments, the person lending you money or providing services may turn your debt over to a debt collector. Collections entry added to your report for 7 years. Calls and letters from collections agencies. Some businesses have their own collections department that handles delinquent accounts.

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Better Credit Blog

MARCH 1, 2021

Third-party collections agencies may also purchase your debts from institutions like BOA for pennies on the dollar. Debt collectors can send you letters and call and leave messages when debt reaches collections. For example, it restricts debt collectors from contacting you before 8 a.m.

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Better Credit Blog

MARCH 1, 2021

Third-party collections agencies may also purchase your debts from institutions like BOA for pennies on the dollar. Debt collectors can send you letters and call and leave messages when debt reaches collections. For example, it restricts debt collectors from contacting you before 8 a.m.

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Better Credit Blog

FEBRUARY 5, 2021

You should also read up on the Fair Debt Collection Practices Act. This act was written to protect consumers from abusive debt collection practices and to ensure accurate reporting. Among other guidelines, it states that: Debt collectors are only allowed to call from 8 a.m. Foreclosures.

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Better Credit Blog

NOVEMBER 23, 2020

Whether it’s for a $50 cable bill or a $5,000 hospital bill, a collections entry will stay on your credit report for seven years. But getting an entry from FMS Collections off your report could be easier than you think. Using the strategies outlined below, you can say goodbye to debt collectors and get your score back on track.

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Better Credit Blog

FEBRUARY 24, 2021

If you’re concerned about First National Collection Bureau’s legitimacy, you can rest assured knowing the agency is valid. First National is a certified collections agency headquartered in Nevada. They have been collecting on consumer debt since it was founded in 1983. But FNCB is hired by businesses to collect on debts.

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Better Credit Blog

SEPTEMBER 4, 2020

If you have forgotten to pay a bill, you may begin to hear from a debt collector called TrueAccord. They will appear on your credit report as a collection agency, and this entry can cause problems for your credit score. A goodwill deletion is when a debt collector agrees to stop reporting your debt out of benevolence.

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Better Credit Blog

FEBRUARY 25, 2021

Either way, once a debt hits the collections stage, an entry is added to your report, staying for 7 years. A debt collector may also contact you frequently until you make a satisfactory payment. Collections agencies are held to a set of standards set forth by the Fair Debt Collection Practices Act.

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Better Credit Blog

FEBRUARY 24, 2021

If you’re concerned about First National Collection Bureau’s legitimacy, you can rest assured knowing the agency is valid. First National is a certified collections agency headquartered in Nevada. They have been collecting on consumer debt since it was founded in 1983. But FNCB is hired by businesses to collect on debts.

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Better Credit Blog

FEBRUARY 18, 2021

To get an understanding of how debt collectors are, and aren’t, allowed to treat you, you need to read up on the Fair Debt Collection Practices Act. The FDCPA is your shield against abusive debt collection practices and inaccurate reporting. Foreclosures. and 9 p.m. Charge-offs. Repossessions.

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Better Credit Blog

FEBRUARY 12, 2021

Oftentimes, these complaints have to do with the agency’s aggressive collection attempts, failure to validate debt, and inaccurate reporting. To see what customers think of EZ Pass and other debt collectors, take a look at the Better Business Bureau and the Consumer Financial Protection Bureau. Foreclosure.

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Better Credit Blog

FEBRUARY 15, 2021

While some companies have their own collections team, most outsource to agencies like FCO, who either buy your debt for pennies on the dollar or earn a fee for collecting debts for businesses. How to Deal with FCO Collections. It is always wisest to chat with debt collectors via mail rather than by phone.

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Troutman Sanders

AUGUST 1, 2023

An amendment in the NDAA to update the Fair Debt Collection Practices for Servicemembers Act passed in the Senate by a vote of 95-2. The resolution also requires that notices continue to be sent to homeowners informing them of the DC HAF program prior to a foreclosure action. The amendment, led by U.S.

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Troutman Sanders

MARCH 29, 2021

Our bank and loan servicing clients also face novel challenges affecting their industry due to COVID-19, particularly the ever-changing rules and regulations concerning evictions and foreclosures. On March 22, the CFPB released the 2020 annual report to Congress on the administration of the Fair Debt Collection Practices Act (FDCPA).

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Better Credit Blog

DECEMBER 2, 2020

Is your credit score suffering because of debt in collections? Debt collectors can add stress to your everyday routine, calling constantly, sending letters, and even worse, damaging your credit. But if their attempts don’t work, they will eventually turn your debt over to a debt collector. Bankruptcy.

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Better Credit Blog

FEBRUARY 12, 2021

When your debt enters the collections stage, it will: Lower your credit score. Lead to constant letters and calls from debt collectors. While some businesses have a collections department, others get assistance from agencies like EPR. These agencies could: Purchase your debts for pennies on the dollar, or.

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Collection Industry News

SEPTEMBER 23, 2020

. • Debt collection cases have claimed an increasing share of the civil docket, making up about 30% of the civil court caseload in the one state where comprehensive data was available. • The dollar value of claims filed annually by debt buyers increased from $6 billion in 1993 to $98 billion in 2013. Finding flaws in the claim.

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Collection Industry News

JULY 12, 2022

Court of Appeals for the Eleventh Circuit recently held that periodic statements required by the federal Truth in Lending Act may violate the federal Fair Debt Collection Practices Act if they are not truthful and fair. After defaulting on their home loan, a foreclosure suit was instituted. Source: site.

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FDCPA Defense

FEBRUARY 3, 2019

Attorneys who regularly engage in collection work for community associations have increasingly become targets for lawsuits filed by professional consumer attorneys under the Fair Debt Collection Practices Act (“FDCPA” or “the Act”), 15 U.S.C. These cases arose in the context of non-judicial foreclosures.

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Troutman Sanders

JANUARY 11, 2021

On December 15, 2020, the Seventh Circuit Court of Appeals decided four cases which all dealt with the issue of standing within the context of the Fair Debt Collection Practices Act (“FDCPA”).

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