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

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 30, 2024

A District Court judge in Minnesota has awarded 25% of the attorney’s fees sought by the plaintiff in a Fair Debt Collection Practices Act case, ruling the plaintiff’s request unreasonable for a number of reasons. The background: The case stemmed from attempts to collect on a 2007 mortgage loan.

Law Firms 130

Law Firms Fair Debt Collection Creditors Loans 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

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

MARCH 18, 2025

The background: The defendant purchased the debt in question and hired a law firm to collect on it. The law firm filed a collection lawsuit in state court. After receiving the summons and complaint, the consumer sent a formal demand for arbitration to both the debt buyer and the law firm.

Law Firms 130

Law Firms Fair Debt Collection Creditors Collections 130

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

FEBRUARY 15, 2022

The Court of Appeals for the Eighth Circuit has overturned a lower court’s ruling in favor of a plaintiff, determining that he lacked standing to pursue a claim in federal court after suing a collection law firm for allegedly violating the Fair Debt Collection Practices Act in relation to communicating with the plaintiff rather than … The (..)

Law Firms 246

Law Firms Fair Debt Collection Collections 246

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

OCTOBER 12, 2021

An interesting Fair Debt Collection Practices Act case out of Minnesota involving a creditor who mis-spelled a customer’s first and last name incorrectly when placing the account with a law firm for collection, a customer who changed her name before filing for bankruptcy protection, and a law firm that may or may not do enough … The post (..)

Law Firms 242

Law Firms Fair Debt Collection Bankruptcy Creditors 242

Account Recovery

JANUARY 31, 2023

Law Firm Facing Class Action; DFPI Announces Enforcement Actions first appeared on AccountsRecovery.net. Law Firm Facing Class Action; DFPI Announces Enforcement Actions appeared first on AccountsRecovery.net. The post Daily Digest – January 31.

Law Firms 130

Law Firms Fair Debt Collection Collections 130

Account Recovery

OCTOBER 25, 2022

COLLECTION FIRM ACCUSED OF SENDING MVN TO REPRESENTED INDIVIDUAL Sending an individual a Model Validation Notice has led to a law firm facing a Fair Debt Collection Practices Act lawsuit, because the law firm allegedly knew the individual was being represented by an attorney, according to a complaint filed in the District Court for the … The (..)

Law Firms 245

Law Firms Fair Debt Collection Collections 245

Account Recovery

FEBRUARY 18, 2025

A District Court judge in Maryland has granted a motion to dismiss claims that a creditor and a collection law firm violated the Fair Debt Collection Practices Act and state consumer protection laws, ruling that the plaintiffs allegations failed to plausibly demonstrate any unlawful conduct.

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Credit Card Debt Fair Debt Collection Law Firms Creditors 130

Account Recovery

FEBRUARY 19, 2025

The background: The plaintiff incurred two separate debts with a credit card issuer, which were later purchased by the defendant, a debt buyer. The defendant then hired two collection law firms to recover the balances through litigation. The ruling: Judge Laura M.

Fair Debt Collection 130

Fair Debt Collection Law Firms Collections 130

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

APRIL 12, 2021

A District Court judge in Florida went to great lengths to spell out exactly why a plaintiff lacked standing to sue in a Fair Debt Collection Practices Act case in which she alleged a collection law firm did not engage in meaningful attorney involvement before sending a validation notice on an unpaid debt.

Fair Debt Collection 246

Fair Debt Collection Law Firms Collections 246

Account Recovery

MARCH 10, 2022

A District Court judge in Kentucky has granted a defendant’s motion to dismiss and denied a plaintiff’s request for leave to file an amended complaint after filing a Fair Debt Collection Practices Act lawsuit against a collection law firm for allegedly overshadowing the validation notice by mentioning in a collection letter that a lawsuit (..)

Fair Debt Collection 246

Fair Debt Collection Law Firms Collections 246

Account Recovery

JULY 29, 2022

A District Court judge in New Jersey has denied a defendant’s motion to dismiss and a motion for sanctions against the plaintiff in a Fair Debt Collection Practices Act case that is accusing a law firm of improperly adding a collection fee in an itemization table included in a summons that was attempting to recover … The post Judge Denies (..)

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Fair Debt Collection Collections Law Firms 246

Account Recovery

MARCH 9, 2021

The Eighth Circuit Court of Appeals has upheld the dismissal of a pair of lawsuits filed against a collection law firm that accused it of violating the Fair Debt Collection Practices Act because it included “disbursements” in a statement of claim document when collection lawsuits were filed against the plaintiffs, and because the debt buyer (..)

Fair Debt Collection 246

Fair Debt Collection Law Firms Collections 246

Account Recovery

MARCH 17, 2021

In a case that was defended by Lawrence Bartel and Andrew Schwartz from Gordon Rees Scully Mansukhani, the Third Circuit Court of Appeals has affirmed the dismissal of a Fair Debt Collection Practices Act case in which the wife of a deceased individual sued after she was sent collection letters by a law firm seeking … The post Appeals Court Upholds (..)

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Fair Debt Collection Law Firms Collections 246

Account Recovery

JULY 15, 2022

A District Court judge in California has denied a defendant’s motion to compel arbitration in a Fair Debt Collection Practices Act case, ruling that the collection law firm’s actions were independent of the original creditor, and thus not subject to the original agreement’s arbitration clause.

Fair Debt Collection 246

Fair Debt Collection Law Firms Original Creditor Creditors 246

Account Recovery

MAY 2, 2022

The Court of Appeals for the Sixth Circuit has affirmed a lower court’s ruling in favor of a plaintiff who accused a collection law firm of violating the Fair Debt Collection Practices Act by obtaining a writ of garnishment in the wrong jurisdiction. A copy of the ruling in the case of Thompson v.

Garnishment 246

Garnishment Fair Debt Collection Law Firms Collections 246

Account Recovery

MAY 2, 2022

APPEALS COURT UPHOLDS RULING FOR PLAINTIFF IN FDCPA CASE OVER GARNISHMENT JURISDICTION The Court of Appeals for the Sixth Circuit has affirmed a lower court’s ruling in favor of a plaintiff who accused a collection law firm of violating the Fair Debt Collection Practices Act by obtaining a writ of garnishment in the wrong jurisdiction.

Garnishment 246

Garnishment Fair Debt Collection Law Firms Collections 246

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

OCTOBER 12, 2021

JUDGE GRANTS MSJ FOR DEFENDANT IN FDCPA CASE OVER MIS-IDENTIFIED CONSUMER An interesting Fair Debt Collection Practices Act case out of Minnesota involving a creditor who mis-spelled a customer’s first and last name incorrectly when placing the account with a law firm for collection, a customer who changed her name before filing for bankruptcy protection, (..)

Fair Debt Collection 244

Fair Debt Collection Law Firms Collections Bankruptcy 244

Account Recovery

OCTOBER 21, 2020

In a case that was defended by The Echols Law Firm, with local counsel provided by Charles McHale of Golden Scaz Gagain, a District Court judge in Florida has granted a defendant’s motion to dismiss after it was sued for violating the Fair Debt Collection Practices Act because the plaintiff claimed to have been misled … The post Judge Grants (..)

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Fair Debt Collection Law Firms Collections 237

Account Recovery

JANUARY 18, 2023

The Court of Appeals for the state of California has upheld a lower court’s ruling granting an anti-SLAPP motion against a plaintiff that accused a collection law firm of violating the Rosenthal Fair Debt Collection Practices Act in a case that the Appeals Court sought to answer whether a plaintiff must show materiality when alleging … (..)

Fair Debt Collection 241

Fair Debt Collection Law Firms Collections 241

Account Recovery

AUGUST 4, 2020

The California State Court of Appeals has partially overturned a lower court’s denial of a lawsuit claiming a collection law firm violated the Fair Debt Collection Practices Act and the Telephone Consumer Protection Act in which the defendant attempted to use an anti-SLAPP motion to have the case dismissed.

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Fair Debt Collection Law Firms Collections 236

Account Recovery

JANUARY 18, 2023

Appeals Court Upholds Anti-SLAPP Ruling for Defendant; Fewer Americans Had Problems Paying Medical Debt first appeared on AccountsRecovery.net.

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Fair Debt Collection Law Firms Collections 246

Account Recovery

MARCH 4, 2025

First, they allegedly misrepresented themselves as attorneys or members of a law firm. Second, the FTC claims they violated the Fair Debt Collection Practices Act by failing to disclose that they were acting as debt collectors and by making threats arrest, property liens, and wage garnishment that they could not legally enforce.

Collections 130

Collections Fair Debt Collection Garnishment Law Firms 130

Account Recovery

APRIL 12, 2021

Judge Dismisses FDCPA Meaningful Review Case for Lack of Standing; Experts React to Reg.

Fair Debt Collection 234

Fair Debt Collection Law Firms Collections 234

Account Recovery

JANUARY 13, 2023

CLASS ACTION ACCUSES COLLECTOR OF USING INACCURATE NAME OF ORIGINAL CREDITOR A class-action complaint has been filed in federal court in Utah against a collection law firm for allegedly violating the Fair Debt Collection Practices Act with its Model Validation Notice, which was not dated, but also because the debt was allegedly purchased before the (..)

Creditors 246

Creditors Fair Debt Collection Law Firms Original Creditor 246

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.

Law Firms 130

Law Firms Judgment Banks Fair Debt Collection 130

Account Recovery

AUGUST 12, 2020

A District Court judge handling a lawsuit filed by the Consumer Financial Protection Bureau against a collection law firm for allegedly violating the Fair Debt Collection Practices Act has decided to stay the case until after the Supreme Court issues a ruling in a case challenging the constitutionality of a federal agency being run by … The post (..)

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Fair Debt Collection Law Firms Collections 225

Account Recovery

AUGUST 12, 2020

Judge Grants MTD in FDCPA Case Over Collection Letter; CFPB’s Case Against Collection Law Firm Stayed appeared first on AccountsRecovery.net.

Law Firms 130

Law Firms Fair Debt Collection Collections 130

Account Recovery

JUNE 28, 2022

Judge Grants MTD in FDCPA Case Over ‘Generic’ References in Letter; Two M&A Deals Announced appeared first on AccountsRecovery.net.

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Fair Debt Collection Law Firms Collections 223

Account Recovery

SEPTEMBER 10, 2020

A collection law firm in Virginia is being sued for allegedly violating the Fair Debt Collection Practices Act by misrepresenting the amount of attorney involvement in drafting collection letters and for charging “unreasonable” fees to individuals who do not pay their rent.

Fair Debt Collection 195

Fair Debt Collection Collections Law Firms 195