Account Recovery

JANUARY 25, 2022

The Court of Appeals for the Ninth Circuit has partially affirmed and partially reversed a lower court’s ruling in a Fair Debt Collection Practices Act case, determining that the District Court judge should not have granted summary judgment for a collection law firm that “expressly” informed an individual in a collection letter that (..)

Law Firms 246

Law Firms Fair Debt Collection Judgment Collections 246

Account Recovery

APRIL 6, 2025

Appeals Court Affirms Ruling Over Default Judgment 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.

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Fair Debt Collection Judgment Collateral Garnishment 147

Account Recovery

MARCH 20, 2025

Over time, they neglected to pay the maintenance and cable fees for the property, and the homeowners association hired the defendant, a collection law firm, to collect the outstanding fees. Despite the plaintiffs attempts to resolve the situation, including contacting the HOA for payment details, the fees went unpaid.

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Fair Debt Collection Law Firms Foreclosure Judgment 130

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. The debt buyer referred the plaintiff’s account to a collection law firm to pursue legal action.

Law Firms 130

Law Firms Fair Debt Collection Collections Judgment 130

Account Recovery

MAY 5, 2023

BANK ACCUSED IN FDCPA CLASS ACTION OF USING STRAW LAW FIRM TO COLLECT ON DEBT A patsy. A class action lawsuit is accusing a bank of using a law firm as a front to collect on its own debts, allegedly violating the Fair Debt Collection Practices Act by sending … The post Daily Digest – May 5.

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Law Firms Judgment Banks Fair Debt Collection 130

Account Recovery

JANUARY 25, 2022

Appeals Court Partially Overturns Ruling in FDCPA Case; Reg F Lawsuit Filed Over Credit Reporting appeared first on AccountsRecovery.net.

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Fair Debt Collection Law Firms Judgment Collections 245

Account Recovery

FEBRUARY 18, 2025

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. Read on to hear what the experts have to say this week. More details here.

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Fair Debt Collection Law Firms Bankruptcy Judgment 130

Account Recovery

MARCH 5, 2024

A District Court judge in Michigan has certifies a class in a Fair Debt Collection Practices Act case accusing a collection law firm of charging excessive post-judgment interest on dozens of debt collection lawsuits across the state. In three of the cases, […]

Judgment 130

Judgment Fair Debt Collection Law Firms Collections 130

Account Recovery

MARCH 10, 2025

When obtaining a judgment in a debt collection action and, thereafter, seeking to enforce that judgment, debt collectors must be aware of the EIPA and proceed accordingly. More details here. Pro se complaints should always be evaluated for early motion practice.

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Debt collector Fair Debt Collection Debtor Judgment 130

Account Recovery

MARCH 24, 2021

A District Court judge in Wisconsin has denied a defendant’s motion for summary judgment after it was sued for allegedly violating the Fair Debt Collection Practices Act because it attempted … The post Judge Denies Defendant’s MSJ in FDCPA Case Seeking to Collect on Canceled Debt appeared first on AccountsRecovery.net.

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Fair Debt Collection Collections Judgment Creditors 242

Account Recovery

APRIL 3, 2024

A District Court judge in Pennsylvania has denied a defendant’s motion to dismiss a Fair Debt Collection Practices Act class action lawsuit, ruling the plaintiff plausibly alleged violations of the statute after the defendant — a collection law firm — allegedly edited an account statement to include additional fees.

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Judgment Fair Debt Collection Law Firms Collections 130

Account Recovery

AUGUST 16, 2024

A District Court judge in Arizona has granted a defendant’s motion for summary judgment in a Fair Debt Collection Practices Act case, ruling that it is entitled to the statute’s bona fide error defense after garnishing a bank account where Social Security payments were deposited to satisfy a judgment.

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Garnishment Fair Debt Collection Law Firms Judgment 130

Account Recovery

AUGUST 16, 2024

A District Court judge in Arizona has granted a defendant’s motion for summary judgment in a Fair Debt Collection Practices Act case, ruling that it is entitled to the statute’s bona fide error defense after garnishing a bank account where Social Security payments were deposited to satisfy a judgment.

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Garnishment Fair Debt Collection Law Firms Judgment 130

Account Recovery

SEPTEMBER 9, 2024

In this case, a credit-reporting agency defending an FCRA case issued subpoenas to a consumer law firm to determine whether that firm was acting as a credit-repair organization and to learn about its process for creating and sending dispute letters on behalf of consumers. More details here.

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Law Firms Fair Debt Collection Debt collector Judgment 130

Account Recovery

SEPTEMBER 26, 2024

A District Court judge in Minnesota has denied a defendant’s motion for summary judgment in a Fair Debt Collection Practices Act class-action lawsuit, ruling that there were genuine issues of material fact in dispute regarding whether the defendant law firm qualifies as a debt collector under the FDCPA and whether its actions violated the statute. (..)

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Fair Debt Collection Law Firms Debt collector Judgment 130

Troutman Sanders

NOVEMBER 12, 2021

Capouano, Beckman, Russell & Burnett LLC , the Court of Appeals for the Eleventh Circuit recently affirmed defendant law firm Capouano, Beckman, Russell & Burnett LLC’s (Firm) motion for summary judgment involving an alleged violation of the Fair Debt Collection Practices Act (FDCPA).

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Account Recovery

AUGUST 26, 2024

Judge Dismisses Remaining FDCPA Claim in BK Case 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. Read on to hear what the experts have to say this week.

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Debt Free Colorado

APRIL 1, 2021

That said, let me walk you through all the elements of this particular email that tip it off as a scam: From: Sherrill Green <SherrillGreen@outlook.com> Wait, the prestigious “Webster Law Firm” doesn’t have it’s own domain and you’re using a generic outlook.com account? Attorney at Law?

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Law Firms Third-party Debt Collectors Lawyers Loans 75

Consumer Financial Services Law

MARCH 27, 2018

5082, officially known as the “Practice of Law Technical Clarification Act of 2018,” to the full House of Representatives. Dunn The House Financial Services Committee voted 35-25 on March 21, 2018 to advance H.R.

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Law Firms Debt collector Fair Debt Collection Financial services 74

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.

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Debt collector Law Firms Fair Debt Collection Student loans 130

FFGN COLLECT NY

JUNE 14, 2023

When a debtor owes a creditor money and the creditor is seeking assistance collecting the amount owed, the creditor can either use a collection law firm or a collection agency. Law firms and collection agencies serve the same purpose initially.

Law Firms 52

Law Firms Collection Agencies Collections Agency Third-party Debt Collectors 52

Troutman Sanders

FEBRUARY 28, 2023

On February 13, the Second Circuit Court of Appeals affirmed the decision of an Eastern District of New York court and found that the defendant law firm, Mandarich Law Group, LLC (Mandarich), had conducted a meaningful attorney review of the plaintiff debtor’s account prior to mailing her a debt collection letter on the firm’s letterhead.

Law Firms 52

Law Firms Judgment Fair Debt Collection Bankruptcy 52

Collections Law

FEBRUARY 9, 2024

Training staff to effectively and respectfully communicate with clients and customers can help maintain positive relationships, even during collection efforts. Partnering with a law firm that has a reputation for ethical debt collection can help to ensure that collection efforts are both effective and compliant with the law.

Mechanic’s Liens 98

Mechanic’s Liens Collections Commercial Collection Lawyers 98

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. 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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Debt collector Judgment Fair Debt Collection Debtor 59

Troutman Sanders

JUNE 29, 2021

Carpenter, Hazelwood, Delgado & Boren PLC , the Ninth Circuit Court of Appeals reversed and remanded the district court’s entry of summary judgment for the appellees-defendants in a Fair Debt Collection Practices Act (FDCPA) case. In Glawe v.

Judgment 52

Judgment Acquisition Fair Debt Collection Law Firms 52

Troutman Sanders

AUGUST 4, 2020

In a recent decision out of the Middle District of Tennessee, 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.

Judgment 52

Judgment Debt collector Fair Debt Collection Law Firms 52

FDCPA Defense

AUGUST 19, 2013

291 (1995), lawyers have known that if they seek to collect consumer debts for clients – even when doing so through litigation – they might qualify as a "debt collector" under the Fair Debt Collection Practices Act, 15 U.S.C. Click here for more information on what constitutes a "debt" under the FDCPA.

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Law Firms Lawyers Collections Debt collector 40

Troutman Sanders

NOVEMBER 16, 2023

Court of Appeals for the Second Circuit issued a summary order affirming a district court’s holding that an emailed response to the plaintiff’s email did not constitute an “initial communication” under the Fair Debt Collections Practices Act (FDCPA). In Worley v. Simon, Meyrowitz & Meyrowitz, P.C. ,

Law Firms 52

Law Firms Judgment Fair Debt Collection Debt collector 52

Troutman Sanders

SEPTEMBER 23, 2021

The Rodenburg Law Firm (Rodenburg), whose primary business is debt collection, held a Commercial Umbrella Liability Policy with The Cincinnati Insurance Company (Cincinnati Insurance) that obligated Cincinnati Insurance to indemnify Rodenburg for liability to third parties for certain defined injuries. Rodenburg appealed.

Law Firms 52

Law Firms Garnishment Collections Judgment 52

Troutman Sanders

JUNE 28, 2022

The creditor referred the account to a law firm, which served the consumer with a collection suit and obtained a default judgment for the balance. The law firm sent four post-judgment collection letters, demanding the $4,225.74 The consumer never made a payment on the judgment.

Law Firms 52

Law Firms Judgment Collections Debt collector 52

Troutman Sanders

JANUARY 12, 2023

On January 11, the Consumer Financial Protection Bureau (CFPB) announced it reached a settlement with law firm Forster & Garbus, LLP in its lawsuit over alleged illegal debt collection practices. In doing so, the CFPB alleged (similar to its previous actions involving the law firms Frederick J.

Law Firms 52

Law Firms Judgment Fair Debt Collection Bankruptcy 52

Troutman Sanders

SEPTEMBER 25, 2023

District Court for the District of New Jersey denied the defendant’s summary judgment motion holding instead that a bank levy against the plaintiff served as a basis for standing to assert a claim under the Fair Debt Collections Practices Act (FDCPA). In Tomaine v. and obtaining a $278.75

Banks 52

Banks Law Firms Judgment Fair Debt Collection 52

Troutman Sanders

SEPTEMBER 7, 2023

The Seventh Circuit Court of Appeals recently affirmed a district court’s dismissal of a suit holding that the plaintiff had not suffered a concrete injury, and therefore, lacked standing to assert a claim under the Fair Debt Collections Practices Act (FDCPA). Kohn Law Firm, S.C. In Choice v.

Lawyers 52

Lawyers Law Firms Fair Debt Collection Creditors 52

Consumer Financial Services Law

OCTOBER 12, 2016

The Eleventh Circuit recently joined the First and Eighth Circuits in concluding that the FDCPA’s venue provision does not apply to post-judgment garnishment proceedings. Post judgment, the law firm filed a garnishment proceeding against the consumer’s bank seeking to collect on the judgment. 1692i(a)(2).

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Garnishment Law Firms Judgment Debt collector 40

Collection Industry News

DECEMBER 21, 2020

Court of Appeals for the Ninth Circuit recently reversed an award of summary judgment in favor of a defendant debt collector against claims that it violated the federal Fair Debt Collection Practices Act (FDCPA) by attempting to collect a debt that was discharged in bankruptcy and no longer owed.

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Bankruptcy Chapter 13 bankruptcy Law Firms Debtor 40

FFGN COLLECT NY

JANUARY 13, 2021

Other complaints are linked to the lack of or failure to comply with licensing, the theft of monies collected for the benefit of creditors by the collection vendor, and more. New York Debt Collection Laws. As of today, New York does not require licensing for collection agencies or collection law firms.

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Collection Industry News

NOVEMBER 2, 2020

Mario Barboza was a resident of Collin County, Texas when Pharia, LLC, successor in interest to defendant Pallida LLC, filed a collections action in 2010 in Denton County, Texas to recover the balance due on Barboza’s credit card. In early 2011, a default judgment was obtained against Barboza.

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