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

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

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

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 Collections Agency Collection Agencies 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

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.

Law Firms 130

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

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 Collections Agency 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

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

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

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

Account Recovery

NOVEMBER 21, 2024

The plaintiff claimed that this late-hour email violated both the FDCPA and the Florida Consumer Collection Practices Act (FCCPA), which restrict communications with consumers outside certain hours. Specifically, under both acts, a debt collector may not communicate with a consumer between 9 p.m. The ruling: Judge David S.

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Fair Debt Collection Debt collector Judgment Consumer Collections 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 Collections Agency Collection Agencies 75

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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Fair Debt Collection Judgment Lawyers Bankruptcy 130

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

Account Recovery

OCTOBER 24, 2024

Most days, when it comes to writing about legal rulings, I tend to stick to rulings that are considered dispositive — where a motion to dismiss or motion for summary judgment or motion for judgment on the pleadings are ruled on — motions that can bring a case to an end. Today’s case is a little different.

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Collections Fair Debt Collection Judgment Debt collector 130

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

Collection Industry News

MARCH 15, 2021

A woman who claimed “stress and confusion” as injuries after she was contacted by a debt collector without her permission could not convince the 7 th Circuit Court of Appeals that the company had violated the Fair Debt Collection Practices Act. 1692c(a)(2) and (c) of the Fair Debt Collection Practices Act.

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Debt collector Judgment Fair Debt Collection Lender 40

Credit Corp

JUNE 14, 2020

Zombie Debts and Judgments. If the original creditor went to court and obtained a judgment against you for a debt, the zombie debt cycle can be more complicated. First, judgments provide the creditor with the legal means to collect via actions such as wage garnishments or bank account liens.

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Debt collector Judgment Collections Agency Collection Agencies 98

Troutman Sanders

JULY 30, 2021

July 22, 2021), the Eastern District of Michigan granted summary judgment in favor of a debt collector, holding that it did not violate the Fair Debt Collections Practices Act (FDCPA) by failing to report that the plaintiff disputed the debt at issue. to collect from plaintiff, Florence Burns (Burns).

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Debt collector Judgment Fair Debt Collection Original Creditor 52

Troutman Sanders

MARCH 28, 2023

As discussed here , in August 2020, a district court for the Middle District of Tennessee held that a medical provider’s third-party billing servicer did not qualify as a debt collector under the Fair Debt Collections Practices Act (FDCPA) because the debt was not in default when it was placed with the extended billing office (EBO).

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Debt collector Judgment Fair Debt Collection Collections 52

Account Recovery

DECEMBER 2, 2024

NYC Amends Collection Regulation to Clarify Debt Collection Definition Includes Creditors In a development first announced by ACA International, the New York City Department of Consumer and Worker Protection (DCWP) has proposed an amendment to its new debt collection regulation. More details here.

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Debt collector Fair Debt Collection Creditors Collections 130

Troutman Sanders

AUGUST 26, 2020

The plaintiff incurred a debt to a medical provider who placed the debt with a debt collector. The collection letter from the debt collector included a request for repayment of principal and interest. The district court agreed and granted summary judgment to the defendant.

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Debt collector Fair Debt Collection Creditors Original Creditor 52

Taurus Collect

NOVEMBER 15, 2023

Experiencing a constant barrage of calls from debt collectors can be overwhelming, to say the least. Many wonder, “How many times can a debt collector call me in one day?” In this post, we will explore the rights and regulations governing debt collection in the UK. or after 9 p.m.,

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Debt collector Fair Debt Collection Collections Agency Collection Agencies 52

Nexa Collect

JUNE 21, 2023

Legal Action : The creditor or collection agency may file a lawsuit against you to recover the debt. If you ignore this or fail to defend yourself in court, a default judgment may be issued against you. Possible Social Stigma : In some cases, debt collectors may contact relatives or neighbors in an attempt to reach you.

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Collection Agencies Collections Agency Credit Counselor Garnishment 100

Credit Corp

NOVEMBER 9, 2020

Knowing illegal debt collection practices can help identify when you’re being treated unfairly. The Fair Debt Collection Practices Act is a federal law that protects consumers against certain unfair collection practices. It does not come into play for creditors collecting their own debts.

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Collection Agencies Collections Agency Credit Bureau Collections 105