Account Recovery

MARCH 24, 2025

In a case that was defended by the team at Barron & Newburger, the Court of Appeals for the Seventh Circuit has reversed a lower court’s ruling in favor of a plaintiff in a Fair Debt Collection Practices Act (FDCPA) case over the timing of when the defendant notified credit reporting agencies that the debt […]

Fair Debt Collection 130

Fair Debt Collection Collections 130

Account Recovery

MARCH 24, 2025

The Court of Appeals for the Eighth Circuit has upheld a ruling in favor of a defendant that was sued for violating the Fair Debt Collection Practices Act, deciding that a default judgment obtained in state court is “conclusive” from the perspective of establishing the facts of a case.

Judgment 130

Judgment Fair Debt Collection Collections Credit Management 130

Account Recovery

MARCH 21, 2025

Not necessarily, ruled a District Court judge in Pennsylvania, who granted the operation’s motion for summary judgment after it was sued for allegedly violating the Fair Debt Collection Practices Act. The background: The defendant filed a lawsuit against the plaintiff in 2018 over an alleged credit card debt.

Collections 130

Collections Credit Card Debt Fair Debt Collection Judgment 130

Account Recovery

JANUARY 9, 2025

A District Court judge in Illinois has granted a defendant’s motion to dismiss a Fair Debt Collection Practices Act case, ruling the plaintiff lacked standing after alleging violations related to a disputed debt originating from identity theft.

Fair Debt Collection 130

Fair Debt Collection Retail Banks Collections 130

Account Recovery

DECEMBER 27, 2024

A District Court judge in Michigan has denied a defendant’s motion to dismiss and stayed a case in which the defendant is accused of violating the Fair Debt Collection Practices Act and state law in Michigan while a state court determines whether or not the underlying debt is for personal or business reasons.

Fair Debt Collection 130

Fair Debt Collection Collections 130

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 (..)

Fair Debt Collection 130

Fair Debt Collection Original Creditor Creditors Collections 130

Account Recovery

NOVEMBER 29, 2024

A California Appeals Court has reversed a lower court’s ruling in favor of a collection law firm and debt collection operation that were sued for violating the Fair Debt Collection Practices Act (FDCPA), ruling that the public interest exception to the state’s anti-SLAPP law applies to the case.

Law Firms 130

Law Firms Student loans Student Loans Collections 130

Account Recovery

NOVEMBER 19, 2024

A District Court judge in California has granted a defendant’s motion to dismiss after it was accused of violating the Fair Debt Collection Practices Act and the Rosenthal Fair Debt Collection Practices Act by attempting to collect on a debt that had been discharged in bankruptcy.

Chapter 7 bankruptcy 130

Chapter 7 bankruptcy Fair Debt Collection Bankruptcy Collections 130

Account Recovery

FEBRUARY 7, 2025

The claims mentioned are accusations and should be considered as such until and unless proven otherwise.

Fair Debt Collection 130

Fair Debt Collection Collections Collection Companies 130

Account Recovery

FEBRUARY 7, 2025

A District Court judge in Florida has granted a plaintiff’s motion for summary judgment in a Fair Debt Collection Practices Act case, ruling that a collection law firm used an invalid garnishment order to collect on the subject debt. The decision, issued by Judge William F.

Garnishment 130

Garnishment Credit Card Debt Fair Debt Collection Law Firms 130

Account Recovery

DECEMBER 16, 2024

The big picture: The Consumer Financial Protection Bureau and Indian Health Service issued new guidance last week emphasizing the responsibilities of medical providers, billers, and debt collectors under the Indian Health Care Improvement Act (IHCIA), the Fair Debt Collection Practices Act, and the Fair Credit Reporting Act.

Debt collector 130

Debt collector Fair Debt Collection Collections Healthcare 130

Account Recovery

DECEMBER 5, 2024

A state Appeals Court in Wisconsin has affirmed the certification of a class in a Fair Debt Collection Practices Act case, agreeing with the lower court that the plaintiff’s claims were not mooted by an offer of individual relief made by the defendant.

Fair Debt Collection 130

Fair Debt Collection Collections 130

Account Recovery

OCTOBER 22, 2024

A District Court judge granted a defendant’s motion for summary judgment in a Fair Debt Collection Practices Act case, ruling that the plaintiff’s claims were barred because they should have been addressed in an earlier case instead of a separate lawsuit being filed.

Fair Debt Collection 130

Fair Debt Collection Collections Bankruptcy Judgment 130

Account Recovery

OCTOBER 16, 2024

A District Court judge in Washington has denied a defendant’s motion for judgment on the pleadings in a Fair Debt Collection Practices Act class-action case over alleged “junk” fees, ruling that the plaintiffs adequately pleaded plausible claims under the FDCPA and related state consumer protection laws.

Fair Debt Collection 130

Fair Debt Collection Loans Judgment Collections 130

Account Recovery

JANUARY 29, 2025

The Court of Appeals for the Seventh Circuit has overturned a lower court’s ruling in favor of the defendant in a Fair Debt Collection Practices Act case, ruling that the defendants lack of knowledge about a prior dispute did not absolve it of its obligations under the FDCPA.

Credit Unions 130

Credit Unions Credit Unions Credit Card Debt Fair Debt Collection 130

Account Recovery

DECEMBER 19, 2024

A District Court Judge in Washington has granted a motion to dismiss filed by all the defendants in a Fair Credit Reporting Act and Fair Debt Collection Practices Act case, ruling that the plaintiff failed to adequately allege that the defendants actions were impermissible under the law.

Creditworthiness 130

Creditworthiness Debt collector Fair Debt Collection Collections 130

Account Recovery

OCTOBER 24, 2024

A California Appeals Court has overturned a lower court’s dismissal of a Fair Debt Collection Practices Act case, ruling that even a mistaken attempt to collect a debt from the wrong person can be subject to liability.

Fair Debt Collection 130

Fair Debt Collection Collections 130

Account Recovery

OCTOBER 11, 2024

traffic rules, weather conditions), in collections, these models would need to function within legal and compliance guidelines. This means interpreting consumer requests while respecting regulations like the Fair Debt Collection Practices Act (FDCPA) and other consumer protection laws.

Credit Unions 130

Credit Unions Credit Unions Collections Fair Debt Collection 130

Account Recovery

MARCH 10, 2025

A District Court judge in Michigan has granted a defendant’s motion to dismiss a Fair Debt Collection Practices Act case on the grounds that not removing a dispute notification on the plaintiff’s credit report is not a false or misleading statement in connection with the collection of a debt.

Fair Debt Collection 130

Fair Debt Collection Collections 130

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.

Fair Debt Collection 130

Fair Debt Collection Collections 130

Account Recovery

DECEMBER 2, 2024

Today’s webinar just happens to be on the topic of legal collections (register here) so it’s entirely timely to write about a court ruling involving a judgment.

Judgment 130

Judgment Garnishment Fair Debt Collection Legal Collections 130

Account Recovery

MARCH 18, 2025

A Magistrate Court judge in Wisconsin has denied a plaintiff’s motion to alter a judgment which ruled he did not have standing to pursue claims the defendant violated the Fair Debt Collection Practices Act, finding that the plaintiff failed to demonstrate a concrete injury that could be linked to the defendant’s alleged misconduct.

Fair Debt Collection 130

Fair Debt Collection Foreclosure Judgment Collections 130

Account Recovery

DECEMBER 12, 2024

A District Court judge in Mississippi has approved a settlement in a Fair Debt Collection Practices Act class action that will see the defendant pay $14,000 to the plaintiffs and their attorneys.

Fair Debt Collection 130

Fair Debt Collection Debt collector Collections 130

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 20, 2024

Key details: The proposed bill would bring several changes to current debt collection practices, including: Why it matters: Consumer advocacy groups have long pushed for updates to the 1978 Fair Debt Collection Practices Act, which many argue has not kept pace with evolving communication methods and the rise in medical debt.

Collections 130

Collections Fair Debt Collection Financial services 130

Account Recovery

NOVEMBER 6, 2024

A District Court judge in Florida has been forced to rule on competing motions for attorney’s fees in a Fair Debt Collection Practices Act case in which both sides are claiming victory, ruling partially in favor of both the plaintiff and the defendant.

Fair Debt Collection 130

Fair Debt Collection Consumer Collections Collections 130

Account Recovery

DECEMBER 10, 2024

A plaintiff has filed a lawsuit against a collection operation, accusing it of violating the Fair Debt Collection Practices Act by failing to properly validate a debt and contacting him at inconvenient times, and is seeking the discharge of the debt was well as $30,000 in actual and statutory damages.

Fair Debt Collection 130

Fair Debt Collection Collections 130

Account Recovery

MARCH 13, 2025

A District Court judge in Virginia has issued a consent decree in which a law firm representing a plaintiff in a Fair Debt Collection Practices Act case will pay both the plaintiff and the defendant a total of $50,000 and take corrective action after it was accused of filing one lawsuit and settling another in the plaintiff’s name without her (..)

Law Firms 130

Law Firms Collection Agencies Collections Agency Fair Debt Collection 130

Account Recovery

DECEMBER 11, 2024

A District Court Judge in Ohio has granted a defendant’s motion for judgment on the pleadings — albeit on a technicality — in a Fair Debt Collection Practices Act (FDCPA) case that accused the defendant of sending a text message attempting to collect on a debt after the plaintiff had responded to an earlier text message declining (..)

Fair Debt Collection 130

Fair Debt Collection Judgment Collection Companies Collections 130

Account Recovery

OCTOBER 15, 2024

A Magistrate Court judge in Utah has partially granted a plaintiff’s motion to compel several collection operations to comply with subpoenas in a Fair Debt Collection Practices Act case in which the defendants are attempting to argue they do not meet the statute’s definition of a debt collector.

Debt collector 130

Debt collector Fair Debt Collection Collections 130

Account Recovery

NOVEMBER 13, 2024

A Magistrate Court judge in North Carolina has granted a plaintiff’s motion compelling the defendant in a Fair Debt Collection Practices Act case to provide unredacted copies of its compliance and procedure manuals and details of communications between the defendant and its clients, but did deny the plaintiff’s motion for attorney’s (..)

Fair Debt Collection 130

Fair Debt Collection Collection Agencies Collections Agency Collections 130

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.

Fair Debt Collection 248

Fair Debt Collection Collections 248

Account Recovery

MARCH 4, 2025

A District Court judge in New York has denied a defendant’s motion to dismiss a Fair Debt Collection Practices Act case over the amount the plaintiff owed, ruling that the plaintiff had sufficiently alleged that the defendants’ actions caused concrete harm.

Fair Debt Collection 130

Fair Debt Collection Collections 130

Account Recovery

MARCH 5, 2025

The background: The plaintiff allegedly signed a housing agreement for an apartment while attending university. The plaintiff allegedly failed to make the required prepayment and was also unable to secure a suitable guarantor.

Fair Debt Collection 130

Fair Debt Collection Original Creditor Judgment Creditors 130

Account Recovery

NOVEMBER 5, 2024

million by falsely representing debts and threatening extreme consequences, including lawsuits, asset seizures, and even arrest. and its sole owner Kenneth Redon III, are accused of violating multiple federal laws, including the FTC Act, the Fair Debt Collection Practices Act, and Regulation F.

Debt collector 130

Debt collector Fair Debt Collection Collection Agencies Collections Agency 130

Account Recovery

FEBRUARY 27, 2025

A District Court judge in Maryland has granted a defendant’s motion for summary judgment in a Fair Debt Collection Practices Act case that centers over the language used by the plaintiff and whether it constituted a dispute of the debt or not.

Credit Unions 130

Credit Unions Credit Unions Fair Debt Collection Law Firms 130

Account Recovery

JANUARY 13, 2025

A District Court judge in Arizona has granted a defendant’s motion to dismiss a Fair Debt Collection Practices Act case, ruling that the plaintiff failed to sufficiently establish the defendant’s status as a “debt collector” under the statute and did not plead adequate facts to support the alleged violations.

Debt collector 130

Debt collector Fair Debt Collection Original Creditor Creditors 130