Troutman Sanders

FEBRUARY 26, 2021

SN Servicing, LLC , a district court in the Ninth Circuit denied a defendant’s motion for summary judgment regarding the plaintiffs’ allegations that the defendant violated the Fair Debt Collection Practices Act and Oregon Unlawful Debt Collection Practices Act in its mortgage servicing activity.

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BN Lawyers

MARCH 21, 2019

McCarthy & Holthus, LLP, holding that that business engaged solely in non-judicial foreclosure activities are generally exempt from the Fair Debt Collection Practices Act, 15 U.S.C. The District Court dismissed the suit on the ground that the law firm was not a “debt collector” as defined in the FDCPA.

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Collection Industry News

AUGUST 18, 2020

Does a judicial foreclosure action constitute “debt collection activity” under the Fair Debt Collection Practices Act (“FDCPA”)? The borrower then filed an action in federal court, claiming that an assortment of alleged misrepresentations in the foreclosure case constituted violations of the FDCPA.

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Account Recovery

MAY 10, 2021

The House of Representatives appears to be gearing up to vote on a number of bills, including a package of proposed legislation that would address how debts are collected across the country, and ACA International has started an effort to mobilize the industry encouraging members of Congress to vote no on the measure.

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Jimerson Firm

DECEMBER 14, 2021

Two important statutes for all businesses to be aware of are the Florida Consumer Collection Practices Act (FCCPA) and the Fair Debt Collection Practices Act (FDCPA). Fair Debt Collection Practices Act. This article discusses the similarities and differences between the FDCPA and the FCCPA.

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Collection Industry News

MAY 2, 2023

. – Today, the Consumer Financial Protection Bureau (CFPB) issued guidance on debt collectors, covered by the Fair Debt Collection Practices Act, threatening to foreclose on homes with mortgages past the statute of limitations. The prohibition applies even if the debt collector does not know that the debt is time barred.

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Sawin & Shea

AUGUST 24, 2020

Bankruptcy will wipe out credit card debt, medical bills, and personal loans, but will not eliminate primary obligation debt; things like student loans, child and spousal support, and newer tax debt. Bankruptcy can also stop or delay a home or mortgage foreclosure, stop collection actions, stop garnishments and lawsuits.

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Mich Bankruptcy Blog

APRIL 28, 2019

There’s no doubt that many debt collection practices involve aggressive and unseemly tactics used to collect credit card and other unpaid debts, and, as a result, Congress stepped in to curb these practices by passing the Fair Debt Collection Practices Act (“FDCPA”). Supreme Court.

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Jimerson Firm

JANUARY 20, 2023

Florida law provides that community associations may collect assessments from unit owners to cover operating and maintenance costs. If a unit owner fails to pay, the association may record the unpaid assessment as a lien against the property and eventually file for foreclosure. 718.116(6)(b), Fla. See Kelly v. Duggan , 282 So.

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Troutman Sanders

FEBRUARY 27, 2023

district court judge in the Western District of New York ended a class action lawsuit by holding that communications between attorneys are not actionable under the Fair Debt Collection Practices Act (FDCPA). After lengthy discovery and litigation, a U.S.

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Collection Industry News

MAY 18, 2021

The decision also clarified that businesses engaged in non-judicial foreclosure proceedings are not debt collectors under the FDCPA. This reduces potential costs and delays associated with litigation, while balancing the needs of borrowers and benefits to communities.

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Burr Forman

NOVEMBER 9, 2022

7, 2022), the Second Circuit upheld summary judgment for a mortgage servicer, holding that the plaintiff could not pursue claims under the Fair Credit Reporting Act (FCRA) or the Fair Debt Collection Practices Act (FDCPA) for the reporting and collection efforts of his mortgage note.

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Better Credit Blog

MARCH 2, 2021

Collections agencies tend to get negative reviews from consumers who’ve dealt with them. Unvalidated debts. If you aren’t familiar with the Fair Debt Collection Practices Act and how it can work in your favor, a collector may violate your rights without your knowledge. Foreclosures. Harassment. Ads by Money.

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Troutman Sanders

MAY 10, 2021

Our bank and loan servicing clients also face novel challenges affecting their industry due to COVID-19, particularly the ever-changing rules and regulations concerning evictions and foreclosures. You may access this interactive tool at [link]. For more information, click here. For more information, click here.

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Better Credit Blog

AUGUST 12, 2020

Often times, companies and debt collectors do not have sufficient documentation of customers’ debts. The Fair Debt Collection Practices Act requires debt collectors to provide valid proof of debts if you submit a validation letter within 30 days of being contacted by a company.

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Burr Forman

MAY 20, 2021

Prohibiting servicers of private education loans from reporting an adverse item of information relating to the nonpayment of the loan for an established period of time.

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Collection Industry News

MAY 18, 2021

2547, the Non-Judicial Foreclosure Debt Collection Clarification Act, which would reverse the unanimous decision made by the Supreme Court of the United States (SCOTUS) in 2019. Amend the FDCPA to expand and clarify coverage, including extending coverage for all federal, state, and local debts collected by debt collectors.

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Collection Industry News

APRIL 30, 2023

On April 26, the Consumer Financial Protection Bureau (CFPB or Bureau) issued an advisory opinion reminding the industry that a debt collector who brings or threatens to bring a foreclosure action to collect a time-barred mortgage debt may violate the Fair Debt Collection Practices Act (FDCPA).

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FDCPA Defense

SEPTEMBER 22, 2018

Can a communication from a collector violate the Fair Debt Collection Practices Act, 15 U.S.C. What exactly does the term “debt collection” mean in the context of the FDCPA? It prohibits debt collectors from engaging in a broad range of unfair and misleading debt collection practices.

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Troutman Sanders

MARCH 29, 2021

Our bank and loan servicing clients also face novel challenges affecting their industry due to COVID-19, particularly the ever-changing rules and regulations concerning evictions and foreclosures. On March 22, the CFPB released the 2020 annual report to Congress on the administration of the Fair Debt Collection Practices Act (FDCPA).

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Better Credit Blog

FEBRUARY 17, 2021

Some of the most common complaints waged against collections agencies have to do with their aggressive collection strategies, reporting issues, and inadequate responses to debt validation requests. Fortunately, you are protected against issues like the one cited above by the Fair Debt Collection Practices Act.

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Better Credit Blog

FEBRUARY 15, 2021

Many complaints are centered around reporting errors, harassment, and failure to respond to debt validation requests. Because these issues are frequent with collection agencies like Fairway Collections, you should understand your rights under the Fair Debt Collection Practices Act. Foreclosure.

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Debt Free Colorado

JUNE 18, 2024

Contact your friends, family, or employer about your debt. Publicly shaming you for not paying your debt. Falsely inflating the amount of debt you owe. The Fair Debt Collection Practices Act (FDCPA) is a federal law in the United States that protects consumers from creditor harassment.

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Better Credit Blog

FEBRUARY 4, 2021

Many people don’t realize that they are protected by the Fair Debt Collection Practices Act. The FDCPA gives debt collectors clear guidelines for dealing with customers, including the ones below: Debt collectors can only call between 8 a.m. Foreclosures. Identity fraud. Bankruptcy. Poor payment history.

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Better Credit Blog

FEBRUARY 2, 2021

To get an idea of customers’ experiences with BGE Collections, take a look at the Better Business Bureau and the Consumer Financial Protection Bureau. You should also educate yourself on the basics of the Fair Debt Collection Practices Act before reaching out to BGE Collections. Foreclosure. Repossession.

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Better Credit Blog

FEBRUARY 5, 2021

Collections agencies are often the subject of complaints surrounding their faulty reporting and aggressive tactics. You should also read up on the Fair Debt Collection Practices Act. This act was written to protect consumers from abusive debt collection practices and to ensure accurate reporting. Bankruptcy.

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Collection Industry News

MAY 30, 2022

abusive acts or practices); (2) any of the 18 enumerated consumer laws listed within the CFPA ( e.g. , Equal Credit Opportunity Act, Fair Debt Collection Practices Act, Truth in Lending Act); or (3) any rule or order prescribed by the CFPB, such as consent orders.

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Troutman Sanders

AUGUST 1, 2023

An amendment in the NDAA to update the Fair Debt Collection Practices for Servicemembers Act passed in the Senate by a vote of 95-2. The resolution also requires that notices continue to be sent to homeowners informing them of the DC HAF program prior to a foreclosure action. The amendment, led by U.S.

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Collection Industry News

JULY 12, 2022

Court of Appeals for the Eleventh Circuit recently held that periodic statements required by the federal Truth in Lending Act may violate the federal Fair Debt Collection Practices Act if they are not truthful and fair. After defaulting on their home loan, a foreclosure suit was instituted. Source: site.

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Better Credit Blog

FEBRUARY 15, 2021

While you’re researching, take the time to educate yourself on the Fair Debt Collection Practices Act , a law made to protect you from shady and threatening collection attempts. Foreclosures. It also has provisions to help ensure accurate reporting, which we’ll cover below. Hard inquiries. Identity fraud.

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Troutman Sanders

JANUARY 11, 2021

On December 15, 2020, the Seventh Circuit Court of Appeals decided four cases which all dealt with the issue of standing within the context of the Fair Debt Collection Practices Act (“FDCPA”).

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The McHughes Law Firm

AUGUST 29, 2016

When you work with a debt collection attorney, the majority of funds collected still end up back in your ledger. 5: Debt Collectors Hound Debtors and Make Threats. Debt collection is governed by the Fair Debt Collection Practices Act , which has specific guidelines for contacting debtors.

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Better Credit Blog

MARCH 1, 2021

Before you contact Bank of America or the agency collecting on their behalf, you should understand your rights under the Fair Debt Collection Practices Act. The FDCPA keeps debt collectors from being abusive or threatening, and it encourages accurate reporting. Foreclosure. or after 9 p.m. Hard inquiries.

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Better Credit Blog

MARCH 1, 2021

Before you contact Bank of America or the agency collecting on their behalf, you should understand your rights under the Fair Debt Collection Practices Act. The FDCPA keeps debt collectors from being abusive or threatening, and it encourages accurate reporting. Foreclosure. or after 9 p.m. Hard inquiries.

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Better Credit Blog

FEBRUARY 25, 2021

You can look to the Consumer Financial Protection Bureau and the Better Business Bureau to view complaints filed against debt collectors. Collections agencies are held to a set of standards set forth by the Fair Debt Collection Practices Act. Foreclosure. Bankruptcy. Repossessions. Inaccurate hard inquiries.

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Better Credit Blog

FEBRUARY 12, 2021

To see what customers think of EZ Pass and other debt collectors, take a look at the Better Business Bureau and the Consumer Financial Protection Bureau. You should read up on the basics of the Fair Debt Collection Practices Act. Foreclosure. Charge offs. Repossession. Identity theft. Hard inquiries. Ads by Money.

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Better Credit Blog

FEBRUARY 24, 2021

Most of the complaints filed against this particular agency are concerned with their failure to adequately respond to debt validation requests and their faulty reporting. Fortunately, you have rights under the Fair Debt Collection Practices Act. For example, the FDCPA limits when collections agencies can contact you.

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