Foster Swift

MARCH 23, 2023

Sixth Circuit Court of Appeals issued a decision with important implications for parties involved in debt collections regulated under the Fair Debt Collection Practices Act (FDCPA) [1]. On March 1, 2023, the U.S. The decision, in Bouye v.

Fair Debt Collection 52

Fair Debt Collection Collections 52

Troutman Sanders

SEPTEMBER 12, 2023

PRRS), a collection company, was accused of violating the Colorado Fair Debt Collection Practices Act (CFDCPA) by allegedly illegally collecting or attempting to collect on parking fines that were already paid or were incurred by another vehicle owner. Parking Revenue Recovery Services, Inc.

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Fair Debt Collection Collections Collection Companies 52

Burt and Associates

AUGUST 22, 2019

For your information is available the 2019 Fair Debt Collection Practices Act. The Federal Trade Commission (FTC) is the nation’s consumer protection agency. The FTC works to prevent fraudulent, deceptive and unfair business practices in the marketplace. FDCPA 2019.

Fair Debt Collection 40

Fair Debt Collection Collections Trade Education 40

Account Recovery

OCTOBER 10, 2024

A District Court judge in Virginia has dismissed the majority of claims against several defendants in a Fair Debt Collection Practices Act class-action lawsuit, but allowed one key claim against a collection agency to proceed.

Student loans 246

Student loans Student Loans Fair Debt Collection Collection Agencies 246

Credit Management Company

FEBRUARY 23, 2021

Now, there are additional steps you must add to your debt collection practices. Late last year, the Consumer Financial Protection Bureau (CFPB) announced the Final Rule that debt collectors must follow under the Fair Debt Collection Practices Act (FDCPA).

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Fair Debt Collection Debt collector Collections Healthcare 52

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.

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

Troutman Sanders

SEPTEMBER 18, 2023

The class action complaint alleged that the defendant violated California’s Rosenthal Fair Debt Collection Practices Act (RFDCPA) and several other state consumer protection statutes. The plaintiff filed a class action lawsuit on behalf of himself and similarly situated consumers.

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Fair Debt Collection Collections Consumer Credit Collection Agent 52

Account Recovery

MAY 6, 2024

A bill has been introduced in the House of Representatives to amend the Fair Debt Collection Practices Act in order to include additional information when sending the validation notice while also expanding the requirements before filing collection lawsuits. What It Is: H.R.

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Fair Debt Collection Collections 248

Account Recovery

OCTOBER 23, 2024

The defendant in a Fair Debt Collection Practices Act case finds itself lucky after a Magistrate Court judge in California ruled that inadvertently copying and pasting the request for an admission as its response does not satisfy the numerosity requirement of certifying a class action and denied the plaintiff’s motion for certification.

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Fair Debt Collection Collections 130

Burr Forman

SEPTEMBER 3, 2021

The Seventh Circuit reasoned Plaintiff’s lack of Article III standing with respect to her claims brought pursuant to the Fair Debt Collection Practices Act (“FDCPA”), 15 U.S.C. § § 1692 et seq. Kross, Lieberman & Stone, Inc. , 19-1400, 2021 WL 3877930 (7th Cir.

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Account Recovery

APRIL 23, 2021

The House of Representatives has passed a bill aimed at amending the Fair Debt Collection Practices Act to provide additional protections to servicemembers. 1491, the Fair Debt Collection Practices for Servicemembers Act, was introduced in March by Rep, Madeleine Dean [D-Penn.]. The bill, H.R.

Fair Debt Collection 246

Fair Debt Collection Collections 246

Account Recovery

SEPTEMBER 16, 2024

A District Court judge in Maryland has denied a defendant’s motion to compel arbitration in a Fair Debt Collection Practices Act (FDCPA) case, ruling that the defendant waived its right to arbitrate by engaging in prior litigation.

Collections 246

Collections Fair Debt Collection Personal loans Loans 246

Account Recovery

OCTOBER 11, 2024

A District Court judge in Oklahoma has dismissed the class-action component of a Fair Debt Collection Practices Act lawsuit, while also dismissing some of the claims, after the defendant was accused of not sending a collection lawsuit summons to the plaintiff’s correct address, which it allegedly had.

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Fair Debt Collection Law Firms Collections 246

Public Citizen

DECEMBER 18, 2020

The Consumer Financial Protection Bureau today issued a final rule implementing the Fair Debt Collection Practices Act. All the materials can be found here.

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Fair Debt Collection Collections 40

Account Recovery

JANUARY 12, 2024

A District Court judge in Ohio has dismissed a Fair Debt Collection Practices Act case because the plaintiff lacked standing to sue, even though he did allege some claims that have been considered sufficient for standing in the past (at least to my non-lawyer eyes).

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Fair Debt Collection Lawyers Collections 246

Consumer Finance

OCTOBER 29, 2020

On October 30, 2020, the Consumer Financial Protection Bureau issued a final rule to restate and clarify prohibitions on harassment and abuse, false or misleading representations, and unfair practices by debt collectors when collecting consumer debt.

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Fair Debt Collection Debt collector Collections 92

Collection Industry News

NOVEMBER 6, 2020

On October 30, 2020, the Consumer Financial Protection Bureau (“CFPB”) published a long-awaited final rule revising Regulation F, which implements the Fair Debt Collection Practices Act (“FDCPA”) of 1977. Prior to the formation of the CFPB, there was no regulatory body with rulemaking authority over debt collection practices.

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Fair Debt Collection Debt collector Collections Education 40

Account Recovery

OCTOBER 14, 2024

A District Court judge in Oklahoma has dismissed yet another “inconvenient” time or place case under the Fair Debt Collection Practices Act in which a plaintiff mails a letter to the defendant requesting or demanding that all future contact between the parties be conducted via email, ruling that both the FDCPA and Regulation F gave the (..)

Fair Debt Collection 246

Fair Debt Collection Collections 246

Account Recovery

AUGUST 10, 2022

A California Appeals Court has affirmed the denial of an anti-SLAPP motion filed by a defendant being sued for violating the Fair Debt Collection Practices Act and the Rosenthal Fair Debt Collection Practices Act for allegedly making false representations in an underlying collection lawsuit.

Fair Debt Collection 245

Fair Debt Collection Collections 245

Account Recovery

DECEMBER 29, 2023

A California state Appeals Court has reversed a lower court’s decision awarding more than $20,000 in attorney fees to the plaintiff in a Rosenthal Fair Debt Collection Practices Act case, concluding that the defendant did not receive enough notice and opportunity to be heard before the fee was awarded sua sponte as a discovery sanction. […] (..)

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Fair Debt Collection Collections 130

Account Recovery

MARCH 24, 2021

A bill has been introduced in the House of Representatives that would amend the Fair Debt Collection Practices Act to prohibit the collection of any debt for which the statute of limitations has expired. The text of the bill, H.R.2135,

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Fair Debt Collection Collections 204

Consumer Finance Watch

DECEMBER 29, 2020

On December 18, 2020, the Consumer Financial Protection Bureau (“CFPB”) issued a final rule concerning debt collection disclosures, which follows its October 30, 2020 final rule regarding debt collection communications. The latest final rule outlines various requirements regarding debt collection disclosures.

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Fair Debt Collection Collections Debt collector 40

Account Recovery

AUGUST 24, 2022

A California Appeals Court has overturned a summary judgment ruling in favor of a collector that was sued for violating the Fair Debt Collection Practices Act and the Rosenthal Fair Debt Collection Practices Act by stapling a note to a court-provided summons, … The post Calif.

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Fair Debt Collection Judgment Collections 237

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.

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Debt collector Fair Debt Collection Collections 130

Account Recovery

OCTOBER 19, 2023

A District Court judge in Kentucky has granted a defendant’s motion for summary judgment and denied a plaintiff’s motion for the same in a Fair Debt Collection Practices Act case that centers around the Date of First Delinquency and its materiality in inducing the plaintiff to pay off the debt in question.

Fair Debt Collection 246

Fair Debt Collection Judgment Collections 246

Troutman Sanders

MARCH 15, 2021

Madeleine Dean (D-PA) introduced a bill, the Fair Debt Collection Practices for Servicemembers Act (H.R. 1491), proposing to amend two sections of the Fair Debt Collection Practices Act (FDCPA or the Act) — namely Section 805 of the FDCPA (15 U.S.C. On March 2, Rep.

Fair Debt Collection 52

Fair Debt Collection Debt collector Collections Financial services 52

Account Recovery

SEPTEMBER 30, 2024

A District Court judge in Illinois has denied a plaintiff’s amended motion to certify a class in a Fair Debt Collection Practices Act case, ruling the plaintiff did not adequately follow instructions from the Seventh Circuit Court of Appeals in defining the limits of who could be included in the class.

Fair Debt Collection 245

Fair Debt Collection Collections 245

Account Recovery

MARCH 25, 2022

The Court of Appeals for the Fifth Circuit has reversed a lower court’s decision ordering the attorneys representing a plaintiff in a Fair Debt Collection Practices Act and Texas Fair Debt Collection Practices Act case to pay $163,000 in attorney’s fees to the defendant while also remanding the case back to the District Court to … (..)

Fair Debt Collection 243

Fair Debt Collection Collections 243

Account Recovery

AUGUST 26, 2024

A District Court judge in California has denied a defendant’s motion for summary judgment in a Fair Debt Collection Practices Act and Rosenthal Fair Debt Collection Practices Act case, ruling that the debt buyer defendant had the right to control the actions of the collection law firm defendant and can be held vicariously liable under the RFDCPA, (..)

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Law Firms Fair Debt Collection Collections Judgment 130

Account Recovery

DECEMBER 19, 2023

The State of California Appeals Court has overturned the dismissal of a Fair Debt Collection Practices Act and Rosenthal Fair Debt Collection Practices Act case on the grounds that the lower court judge erred in granting the defendant’s motion to dismiss the case on the grounds that it violated the state’s anti-SLAPP measures The Background: (..)

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Fair Debt Collection Collections 130

Account Recovery

SEPTEMBER 5, 2023

A California Appeals Court has reversed a lower court’s ruling in a Rosenthal Fair Debt Collection Practices Act class-action case, determining that as long as a debt is alleged to be due or owing — whether or not it, in fact, is due or owing — is sufficient to state a claim. A copy of […]

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Fair Debt Collection Collections 130

Account Recovery

AUGUST 13, 2024

A District Court judge in Illinois has dismissed the remaining claim in a Fair Debt Collection Practices Act case against a defendant, citing a lack of subject matter jurisdiction because the plaintiff lacked standing to sue.

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Fair Debt Collection Bankruptcy Collections 130

Account Recovery

AUGUST 31, 2023

The Attorney General of Colorado yesterday announced a settlement with a collection operation that was accused of violating the Colorado Fair Debt Collection Practices Act (CFDCPA) by illegally collecting or attempting to collect on fines for parking that were already paid for or were incurred by another vehicle owner and for collecting in the state (..)

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Fair Debt Collection Collections 130

Account Recovery

AUGUST 12, 2024

In a case that was defended by Jeff Turner and David Shaver at Surdyk Dowd & Turner, a District Court judge in Michigan has granted a defendant’s motion for summary judgment after it was accused of violating the Fair Debt Collection Practices Act because it did not specify whether interest was accruing on the debts […]

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Fair Debt Collection Judgment Collections 130

Account Recovery

JUNE 25, 2024

The Superior Court of New Jersey Appellate Division has reversed a previous dismissal of a class-action Fair Debt Collections Practices Act claim that accused the defendant used misleading debt-collection form letters, which threatened negative credit reporting despite the debts already being reported.

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Fair Debt Collection Collections 147

Account Recovery

JUNE 6, 2023

The California Department of Financial Protection and Innovation yesterday announced three enforcement actions against different debt collection operations, for attempting to collect in the state without having or applying for a license and also making false or misleading representations when attempting to collect on a debt i n violation of the Fair (..)

Fair Debt Collection 246

Fair Debt Collection Collections 246

Account Recovery

NOVEMBER 11, 2024

It’s not often that both sides in a Fair Debt Collection Practices Act lawsuit get their motions granted at the same time, but a District Court judge in New Jersey pulled off the feat, ultimately remanding the case back to state court after the defendant was accused of attempting to collect on a debt without being properly licensed to collect (..)

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