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A District Court judge in California has denied a defendant’s motion to compel arbitration in a FairDebtCollection Practices Act case, ruling that the collectionlawfirm’s actions were independent of the originalcreditor, and thus not subject to the original agreement’s arbitration clause.
CLASS ACTION ACCUSES COLLECTOR OF USING INACCURATE NAME OF ORIGINALCREDITOR A class-action complaint has been filed in federal court in Utah against a collectionlawfirm for allegedly violating the FairDebtCollection Practices Act with its Model Validation Notice, which was not dated, but also because the debt was allegedly purchased before the (..)
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 lawfirm and the state of New York to justify her authority over the defendant. Translation: to CYA, you need better originalcreditor contracts.]
If you have a lot of inaccurate collection accounts on your report, you might need help from a credit repair firm like Lexington LawFirm. But if you’re committed to a DIY approach to addressing collection items, the following steps may help you clear up your credit profile.
On January 11, the Consumer Financial Protection Bureau (CFPB) announced it reached a settlement with lawfirm Forster & Garbus, LLP in its lawsuit over alleged illegal debtcollection practices. In doing so, the CFPB alleged (similar to its previous actions involving the lawfirms Frederick J.
District Court for the Southern District of California, granting summary judgment in favor of a debt collector in a FairDebtCollections 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.
Portfolio Recovery buys multiple accounts with old debt from companies that have given up and “charged off” the accounts. In other words, when the originalcreditor has been unsuccessful in collecting on a debt, it will write off the debt as a loss. Make Them Prove the Debt is Yours.
Debt buyers are being sued based on the conduct of their agencies and lawfirms. Even originalcreditors, who are not subject to the FDCPA, are being drawn into FDCPA litigation under various theories of recovery. or an assignee of a debt, as long as the debt was not in default at the time it was assigned.”).
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