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Compliance Digest – February 18

Account Recovery

Merchant of the District Court for the Eastern District of New York issued the ruling, determining that the plaintiff failed to establish sufficient connections between the law firm and the state of New York to justify her authority over the defendant. Translation: to CYA, you need better original creditor contracts.]

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Ninth Circuit Partially Reverses Grant of Summary Judgment in Favor of Debt Collector in FDCPA Case

Troutman Sanders

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. In doing so, it held that a collection letter, which indicated that the debtor could only dispute the underlying debt in writing, violated the FDCPA.

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How to Remove Collection Accounts from Your Credit Reports

Credit Corp

If you have a lot of inaccurate collection accounts on your report, you might need help from a credit repair firm like Lexington Law Firm. If the debt collector made an error: If you suspect the debt collection agency made a mistake, like if you see a debt you don’t recognize, you’ll need to confirm the debt belongs to you.

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How To Remove Portfolio Recovery From Your Credit Report

Better Credit Blog

Portfolio Recovery buys multiple accounts with old debt from companies that have given up and “charged off” the accounts. In other words, when the original creditor has been unsuccessful in collecting on a debt, it will write off the debt as a loss. Portfolio Recovery will buy old debt for pennies on the dollar.

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New York City DCA Issues Covert Regs Governing Interactions with Consumers Who Do Not Speak English

BN Lawyers

Putting aside issues this article cannot solve (like the undefined term “language preference” and the likely Due Process implications of rushing publication of the Amendments), the Amendments seek to standardize debt collectors’ abilities to note a consumer’s preferred language. 6 RCNY § 62-193(b)(5). See 6 RCNY § 5-77(d)(19).

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The “Least Sophisticated Debtor” Is Getting More Sophisticated, And Has An Improved Memory Too

FDCPA Defense

Hollins Law Firm , _F.3d There, the collection law firm defendant communicated with plaintiff on a number of occasions, and each time the firm identified itself as a “debt collector,” as required by section 1692e(11) of the FDCPA. Thank You,” without specifically reciting he was a “debt collector.”

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The Limits On Direct And Vicarious Liability Under The FDCPA

FDCPA Defense

Debt buyers are being sued based on the conduct of their agencies and law firms. Lawyers and agency owners are being sued based on the conduct of their clients and their collectors. Even original creditors, who are not subject to the FDCPA, are being drawn into FDCPA litigation under various theories of recovery.