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 …

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Fair Debt Collection Debt collector Judgment 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.

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Fair Debt Collection Debt collector Judgment 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 (..)

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Fair Debt Collection Debt collector Judgment 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.

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Fair Debt Collection Debt collector Judgment Collections 246

Account Recovery

JANUARY 17, 2022

When is a communication from a debt collector not an attempt to collect a debt? If it says so in a letter to an attorney representing a consumer, is that enough?

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Fair Debt Collection Collections Debt collector Judgment 246

Account Recovery

OCTOBER 2, 2020

The second time before the Ninth Circuit Court of Appeals turned out to be the charm for a debt collector that was accused of violating the Fair Debt Collection Practices Act by attempting to collect more than what was owed after a hospital made a billing error.

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Fair Debt Collection Collections Debt collector Judgment 241

Account Recovery

MARCH 25, 2022

A District Court judge in Illinois has dismissed a Fair Debt Collection Practices Act claim made by a plaintiff — who has the same name as a plaintiff’s attorney — against a debt collector while denying the defendant’s motion for summary judgment on a Telephone Consumer Protection Act claim, ruling that it isn’t clear (..)

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Fair Debt Collection Debt collector Judgment Collections 243

Account Recovery

DECEMBER 5, 2022

” … The post Calif.

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Creditors Fair Debt Collection Debt collector Judgment 242

Account Recovery

MARCH 17, 2025

They are difficult to defend because rarely are they suitable for a motion to dismiss and, instead, must go through discovery and then a motion for summary judgment. A debt collector who is not satisfied with their internal policies and procedures should not be willing to go down this path.) More details here.

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Debt collector Fair Debt Collection Judgment Consumer Credit 130

Account Recovery

AUGUST 18, 2020

APPEALS COURT OVERTURNS FDCPA CASE THAT USED BFE DEFENSE 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 … The post (..)

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Fair Debt Collection Debt collector Judgment Collections 228

Account Recovery

JANUARY 16, 2025

The background: The cases, filed in the District Court for the Western District of Oklahoma, alleged violations of Section 1692e(8) of the FDCPA, which prohibits debt collectors from failing to communicate that a disputed debt is disputed. Learn more. And more.

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Fair Debt Collection Debt collector Judgment Collections 130

Account Recovery

FEBRUARY 18, 2025

With this uptick, regulatory scrutiny may rise, leading to more complaints and lawsuits under laws like the FDCPA (Fair Debt Collection Practices Act) and Regulation F due to errors in handling bankrupt debt. Judge Orelia E. However, this also heightens compliance risks related to bankruptcy accounts. Carrington Mortg.

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Fair Debt Collection Law Firms Bankruptcy Judgment 130

Account Recovery

NOVEMBER 6, 2020

In a case that was spotlighted by Barron & Newburger, a Magistrate Judge in Ohio has granted partial summary judgment in favor of a plaintiff who sued a debt collector for allegedly violating the Fair Debt Collection Practices Act because it did not identify itself as a collector when leaving voicemail messages.

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Fair Debt Collection Debt collector Judgment Collections 189

Account Recovery

DECEMBER 30, 2024

A pro se consumer had managed to get a 3-judge panel of the Court of Appeals to reverse (in a 2-1 decision) lower court rulings finding that PRA had established its standing to sue and its ownership of the debtors account in the underlying collection action, and judgment in its favor on the debt. More details here.

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Account Recovery

AUGUST 3, 2020

A District Court judge in Tennessee has granted a defendant’s motion for summary judgment in a Fair Debt Collection Practices Act case, agreeing that the defendant does not meet the definition of debt collector under the statute, in large part because the plaintiff’s agreement with the creditor spells out the exact nature of the relationship (..)

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Fair Debt Collection Debt collector Judgment Creditors 173

Debt Free Colorado

FEBRUARY 21, 2022

In this article we will answer the question: What can debt collectors do to you? Does Colorado Law Protect Me From Debt Collectors? When collecting a debt from you, collection agencies must adhere to federal and state rules. What is the Federal Fair Debt Collection Practices Act (FDCPA)?

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Debt collector Fair Debt Collection Collection Agencies Collections Agency 98

Account Recovery

MARCH 19, 2021

JUDGE GRANTS MSJ FOR PLAINTIFF OVER STATUS OF DEBT BECAUSE CREDITOR CANCELED ACCOUNT A District Court judge in New York has granted a plaintiff’s motion for summary judgment after it sued a debt collector for allegedly violating the Fair Debt Collection Practices Act by sending two collection letters to the plaintiff, determining that the plaintiff (..)

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Garnishment Fair Debt Collection Debt collector Judgment 162

Account Recovery

MARCH 19, 2021

A District Court judge in New York has granted a plaintiff’s motion for summary judgment after it sued a debt collector for allegedly violating the Fair Debt Collection Practices Act by sending two collection letters to the plaintiff, determining that the plaintiff must have been correct when he claimed that he did not owe the … The post (..)

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Creditors Fair Debt Collection Debt collector Judgment 147

Account Recovery

AUGUST 3, 2020

Judge Grants MSJ in FDCPA Case; CFPB Argues Seila Law Ruling Shouldn’t Keep Collection Firm From CID Response appeared first on AccountsRecovery.net.

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Fair Debt Collection Debt collector Collections Judgment 147

Account Recovery

FEBRUARY 24, 2025

California Appeals Court Reverses Judgment in Debt Buyer Case A California Appeals Court has reversed a lower courts ruling in favor of a debt buyer, determining that consumers do not need to show actual damages to pursue statutory damages under the Fair Debt Buying Practices Act (FDBPA). Stay tuned!

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Debt Buying Debt collector Credit Unions Credit Unions 130

Account Recovery

AUGUST 26, 2024

The background: The case arose from an attempt to collect a debt owed by the plaintiff, who had defaulted on a loan that was later purchased by the defendant, a debt buyer. In October 2020, MLG filed a collection complaint against the plaintiff in the San Diego Superior Court. The ruling: In this ruling, Judge Anthony J.

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Law Firms Fair Debt Collection Collections Judgment 130

Account Recovery

SEPTEMBER 24, 2024

The Fourth Circuit Court of Appeals has affirmed a District Court’s dismissal of a lawsuit filed under the Fair Debt Collection Practices Ac. The plaintiff claimed that a debt collector violated the FDCPA by improperly serving a summons and complaint to the wrong address, obtaining a default judgment, and garnishing her wages.

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Garnishment Fair Debt Collection Judgment Debt collector 130

Account Recovery

JANUARY 27, 2025

It will be interesting to see Defendant proceeds with the litigation and files a motion for summary judgment which will be able to be supported with facts from discovery. More details here. WHAT THIS MEANS, FROM BRIT SUTTELL OF BARRON & NEWBURGER: This is an interesting case that was probably not well suited for a Motion to Dismiss. (The

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Fair Debt Collection Debt collector Judgment Consumer Collections 130

Credit Corp

DECEMBER 14, 2020

If you have debt on your credit reports or are getting calls from a collection agency, you might wonder how long a debtor can try to collect these debts—and how long it can affect your credit score. Can a debt collector collect after 10 years? Can a Debt Collector Collect After 10 Years?

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Debt collector Collections Judgment Collection Agencies 98

Account Recovery

OCTOBER 2, 2024

For the second time, a District Court judge in Illinois has dismissed a Fair Debt Collection Practices Act class-action lawsuit because the plaintiff lacked standing to sue, this time ruling that the plaintiff could not have paid the settlement amount offered by the debt collector or successfully changed the order of other payments.

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Credit Card Debt Fair Debt Collection Debt collector Judgment 130

Account Recovery

SEPTEMBER 26, 2024

The background: The defendant filed an eviction lawsuit against the plaintiff on behalf of a landlord in April 2022.

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Fair Debt Collection Law Firms Debt collector Judgment 130

Burr Forman

SEPTEMBER 3, 2021

On August 31, 2021, the Seventh Circuit Court of Appeals reversed a summary judgment decision from the United States District Court for the Northern District of Illinois, and remanded the action with instructions to dismiss for lack of subject matter jurisdiction. Both of the parties moved for summary judgment. See Wadsworth v.

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Fair Debt Collection Judgment Collections Debt collector 52

Account Recovery

OCTOBER 7, 2024

As the court observed, the percentage of the law firm’s business devoted to collections had little bearing on whether it “regularly” collected debts on behalf of another and the lack of record evidence bearing on that point was no grounds for granting the law firm summary judgment. More details here. More details here.

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Debt collector Law Firms Fair Debt Collection Student loans 130

Account Recovery

SEPTEMBER 9, 2024

Here, the debt buyer referred an account to a law firm, who filed a collection lawsuit. Here, the debt buyer referred an account to a law firm, who filed a collection lawsuit. It provides that the debt collector can be liable regardless of intent, negligence, etc (with few exceptions). More details here.

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Law Firms Fair Debt Collection Debt collector Judgment 130

Troutman Sanders

FEBRUARY 1, 2022

District Court for the Southern District of California, granting summary judgment in favor of a debt collector in a Fair Debt Collections Practices Act (FDCPA) case. Krieger), to collect the debt. 24, 2022) , the Ninth Circuit partially reversed a decision by the U.S.

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Debt collector Judgment Fair Debt Collection Debtor 59

Account Recovery

AUGUST 12, 2024

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 Fair Debt Collection 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.

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Judgment Fair Debt Collection Original Creditor Debt collector 130

Credit Corp

AUGUST 31, 2021

Getting calls from debt collectors can be frustrating and even confusing. That’s even truer when someone is contacting you about an old debt you forgot about, thought was long resolved, or didn’t know about in the first place. Can a debt collector collect after 10 years, for example?

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Debt collector Collections Collection Agencies Collections Agency 75

Credit Corp

MARCH 12, 2025

Dealing with credit card debt is challenging, let alone facing a debt lawsuit.If If you find yourself being sued by a debt collector, you may wonder how to get a credit card lawsuit dismissed. Unfortunately, as consumer debt rises, lawsuits are becoming more and more common. An estimated 2.5

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Debt collector Credit Card Debt Creditors Bankruptcy 52

Consumer Financial Services Law

MARCH 27, 2018

Dunn The House Financial Services Committee voted 35-25 on March 21, 2018 to advance H.R. 5082, officially known as the “Practice of Law Technical Clarification Act of 2018,” to the full House of Representatives.

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Law Firms Debt collector Fair Debt Collection Financial services 74

Collections Law

OCTOBER 21, 2024

Some of the most important include: Massachusetts General Laws Chapter 93, Section 49: Section 49 of Chapter 93 prohibits unfair, deceptive, or unreasonable debt collection practices. It sets the standard for ethical collection methods. Massachusetts Fair Debt Collection Practices Act (MGL c.93,

Commercial Collection 52

Commercial Collection Collections Fair Debt Collection Lawyers 52

Nexa Collect

JUNE 18, 2023

Since debt collectors are on the phone all day long, they know every tactic to get paid. The cost of collection agencies depends on whether you select their Fixed-fee or Contingency-fee service. This could involve filing a lawsuit to seek a judgment for the amount owed.

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Collection Agencies Collections Agency Collections Healthcare 130

Troutman Sanders

JANUARY 18, 2022

Finding that the defendant debt collector was entitled to rely on the information provided by its client about the name of the debtor, a district court judge in Washington state granted summary judgment in favor of Puget Sound Collections, Inc. PSC) in a Fair Debt Collections Practices Act (FDCPA) case.

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Debt collector Judgment Fair Debt Collection Healthcare 52