Account Recovery

DECEMBER 22, 2022

A debt that is sold to a third party can be confusing for a consumer, but confusion is not grounds for standing to sue under the Fair Debt Collection Practices Act, and bad lawyer jokes aside, using legal terms does not constitute the use of obscene or profane language, a District Court judge in Pennsylvania … The post Judge Grants MSJ For Defendant (..)

Fair Debt Collection 245

Fair Debt Collection Lawyers Collections Credit Management 245

Account Recovery

JANUARY 5, 2023

If I am reading this case right — and I will remind you that I am not a lawyer, I just play one on webinars — a District Court judge in Illinois — the home of no standing rulings — has determined a plaintiff has standing in a Fair Debt Collection Practices Act lawsuit against … The post Judge Partially Denies MTD, Rules (..)

Fair Debt Collection 244

Fair Debt Collection Lawyers Collections Healthcare 244

Account Recovery

JUNE 17, 2024

A District Court judge in Arizona has granted a motion to dismiss filed by the defendants in a Fair Debt Collection Practices Act case, ruling that the plaintiff already had one kick at the can in a nearly identical lawsuit against the defendants and thus can’t be allowed a second kick.

Lawyers 147

Lawyers Fair Debt Collection Collections 147

Account Recovery

DECEMBER 30, 2024

WHAT THIS MEANS, FROM RICK PERR OF KAUFMAN DOLOWICH: Litigating against pro se plaintiffs (those representing themselves without a lawyer) present both positives and negatives. In addition, because they do not have lawyers, the defendant is not subject to paying a plaintiffs legal fees if the defendant loses. More details here.

Fair Debt Collection 130

Fair Debt Collection Judgment Lawyers Bankruptcy 130

Account Recovery

NOVEMBER 19, 2020

A District Court judge in Florida has chopped the amount of attorney’s fees to be awarded to the plaintiff’s counsel in a Fair Debt Collection Practices Act case by 75%, and called out the counsel for having a “vastly excessive” number of lawyers and paralegals work the case, which showed “a lack of judgment, poor … (..)

Fair Debt Collection 162

Fair Debt Collection Lawyers Judgment Collections 162

Account Recovery

AUGUST 31, 2023

A District Court judge in Georgia has partially denied a defendant’s motion to dismiss a Fair Debt Collection Practices Act suit — while also partially granting the motion — after a lawyer who filed a collection suit against an individual was sued in a case that involves a transaction where the plaintiff was purchasing $150,000 […] (..)

Fair Debt Collection 147

Fair Debt Collection Lawyers Collections 147

Account Recovery

MARCH 30, 2021

The Court of Appeals for the Ninth Circuit has vacated an award of more than $105,000 in attorney’s fees to the lawyers representing the plaintiffs in a Fair Debt Collection Practices Act case, ruling that the District Court did not “adequately” account for the degree of success obtained when determining the award.

Fair Debt Collection 147

Fair Debt Collection Lawyers Collections 147

Account Recovery

MAY 19, 2023

A District Court judge in Minnesota has denied a defendant’s motion to dismiss a Fair Debt Collection Practices Act class-action, ruling that eviction proceedings are subject to the FDCPA and that the “competent attorney” standard does not apply to communications received before the plaintiff retained a lawyer.

Fair Debt Collection 130

Fair Debt Collection Lawyers Collections 130

Account Recovery

MAY 8, 2023

If you are going to convince a federal judge that he or should should believe you over a lawyer, you better have some solid proof, a panel of judges from the Court of Appeals for the Third Circuit has ruled, affirming a lower court’s ruling that a defendant in a Fair Debt Collection Practices Act … The post Appeals Court Affirms Ruling, (..)

Fair Debt Collection 130

Fair Debt Collection Lawyers Collections 130

Account Recovery

APRIL 6, 2023

A Magistrate judge in New York has denied a defendant’s motion for sanctions in a Fair Debt Collection Practices Act case after the plaintiff and her attorneys — from Credit Repair Lawyers of America — were accused of engaging in a frivolous action after filing a lawsuit alleging the defendant failed to remove a dispute … The (..)

Fair Debt Collection 130

Fair Debt Collection Lawyers Collections 130

Account Recovery

FEBRUARY 28, 2023

A Magistrate judge in Florida has recommended that an attorney with Credit Repair Lawyers of America be sanctioned and pay the defendant’s attorney’s fees in a Fair Debt Collection Practices Act case, after the attorney sent a letter indicating the plaintiff was no longer disputing the debt, when in fact the plaintiff was still disputing (..)

Fair Debt Collection 130

Fair Debt Collection Lawyers Collections 130

Better Credit Blog

AUGUST 31, 2020

Debt collectors are notorious for harassing consumers when they seek repayment, calling excessively and threatening to take actions that may not be legal. What you may not know is that you are protected by the Fair Debt Collection Practices Act (FDCPA), a law designed to keep third-party debt collectors in check when they contact you.

Fair Debt Collection 53

Fair Debt Collection Third-party Debt Collectors Collections Debt collector 53

Account Recovery

MARCH 14, 2023

The California Court of Appeals has upheld a lower court’s ruling awarding $30,450 in attorney’s fees to the lawyers representing a plaintiff in a Rosenthal Fair Debt Collection Practices Act case — which was about $68,000 less than the plaintiff was seeking.

Fair Debt Collection 130

Fair Debt Collection Lawyers Collections Credit Unions 130

Burt and Associates

SEPTEMBER 23, 2024

The Fair Debt Collection Practices Act ( FDCPA ) is a cornerstone of consumer protection laws in the United States. It ensures that debt collectors adhere to specific ethical and legal standards when pursuing debts. 2024 FDCPA Highlights. The Act aims to curb these practices and protect consumers.

Fair Debt Collection 52

Fair Debt Collection Debt collector Collections Debt Recovery 52

Burt and Associates

SEPTEMBER 23, 2024

The Fair Debt Collection Practices Act ( FDCPA ) is a cornerstone of consumer protection laws in the United States. It ensures that debt collectors adhere to specific ethical and legal standards when pursuing debts. 2024 FDCPA Highlights. The Act aims to curb these practices and protect consumers.

Fair Debt Collection 52

Fair Debt Collection Debt collector Collections Debt Recovery 52

Collections Law

OCTOBER 21, 2024

Cohen & Associates LLC, our commercial collections lawyers have more than 50 years of combined experience. They have dedicated their practice to collecting commercial debts in Massachusetts. It sets the standard for ethical collection methods. Massachusetts Fair Debt Collection Practices Act (MGL c.93,

Commercial Collection 52

Commercial Collection Collections Fair Debt Collection Lawyers 52

Account Recovery

JANUARY 20, 2025

Judge Grants MTD in FDCPA Case Over ID Theft A District Court judge in Illinois has granted a defendants 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. More details here.

Loans 130

Loans Fair Debt Collection Collections Collection Agencies 130

Account Recovery

SEPTEMBER 4, 2024

A District Court judge in Ohio has denied a debt collector’s motion for attorney’s fees and costs in a Fair Debt Collection Practices Act case involving the Credit Repair Lawyers of America, ruling that the plaintiff’s claim was “minimally colorable” and did not warrant such an award.

Fair Debt Collection 130

Fair Debt Collection Debt collector Lawyers Collections 130

Account Recovery

SEPTEMBER 16, 2024

Judge Dismisses 2 of 3 Claims in FDCPA Suit Over HOA Debt A District Court judge in Missouri has partially dismissed a Fair Debt Collection Practices Act lawsuit against a collection attorney, leaving only one claim to proceed while dismissing others. Read on to hear what the experts have to say this week.

Fair Debt Collection 130

Fair Debt Collection Lawyers Law Firms Collections 130

Collections Law

FEBRUARY 26, 2025

Cohen & Associates LLC, our aggressive and relentless commercial collections attorneys have more than 60 years of combined experience helping Massachusetts business owners collect their unpaid debts. Mistake #4: Ignoring legal requirements Massachusetts has specific laws governing debt collection practices.

Collections 52

Collections Commercial Collection Lawyers Fair Debt Collection 52

Collection Industry News

SEPTEMBER 2, 2024

The Fair Debt Collection Practices Act (FDCPA) serves as a foundational piece of legislation protecting consumers from abusive debt collection practices. For businesses looking to streamline their debt collection process, adhering to FDCPA guidelines is essential for long-term success.

Fair Debt Collection 40

Fair Debt Collection Debt collector Collections Acquisition 40

Debt Free Colorado

FEBRUARY 21, 2022

Does Colorado Law Protect Me From Debt Collectors? When collecting a debt from you, collection agencies must adhere to federal and state rules. Fortunately, the federal Fair Debt Collection Practices Act (FDCPA) protects all states. What is the Federal Fair Debt Collection Practices Act (FDCPA)?

Debt collector 98

Debt collector Fair Debt Collection Collection Agencies Collections Agency 98

Account Recovery

SEPTEMBER 30, 2024

Judge Rules Debt Collection Lawsuit Waives Arbitration Clause A District Court judge in Maryland has denied a defendant’s motion to compel arbitration in a Fair Debt Collection Practices Act case, ruling that the defendant waived its right to arbitrate by engaging in prior litigation. More details here.

Fair Debt Collection 130

Fair Debt Collection Personal loans Collections Loans 130

Collections Law

FEBRUARY 9, 2024

A company has a right to pursue a debt that is owed to them. State and federal consumer and commercial laws afford methods for creditors to collect the debts that are owed to them. Our lawyers are well-versed in the Fair Debt Collection Practices Act (FDCPA).

Mechanic’s Liens 98

Mechanic’s Liens Collections Commercial Collection Lawyers 98

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). The bank sold the debt to the defendant creditor. In Choice v.

Lawyers 52

Lawyers Law Firms Fair Debt Collection Creditors 52

FFGN COLLECT NY

DECEMBER 15, 2021

The CFPB also acts as a database that logs complaints against collection agencies and collection attorneys. The public record includes the names of the debt collection agencies, law firms, and lawyers, accused of wrongdoing as well as what the debt collector is accused of.

Debt collector 98

Debt collector Collections Fair Debt Collection Collection Agencies 98

Sawin & Shea

JUNE 25, 2020

Bankruptcy Code, Telephone Consumer Protection Act (TCPA), The Fair Credit Reporting Act (FCRA), and the Fair Debt Collection Practices Act (FDCPA) all prohibit certain types of creditor behavior and are tools for consumers to use to fight back against unscrupulous debt collectors.

Creditors 119

Creditors Bankruptcy Debtor Fair Debt Collection 119

Credit Corp

JANUARY 21, 2021

How Does the Law Protect Your Rights Regarding Credit Collections and Reporting? Numerous federal and state laws protect your rights to fair and accurate credit reporting. Some of those laws also cover your rights as a consumer to fair debt collection practices. How Do You Sue a Collection Agency or Other Creditor?

Collections 116

Collections Fair Debt Collection Creditors Law Firms 116

Nexa Collect

JUNE 23, 2023

They might try to settle the debt for a lesser amount, or establish a payment plan that allows them to pay off the debt over time. Seeking Legal Advice or Help : A collection letter may prompt some debtors to seek advice from a lawyer or a credit counseling service.

Collection Agencies 100

Collection Agencies Collections Agency Debtor Collections 100

Sawin & Shea

MARCH 16, 2021

Debt collection agencies can’t wait for the new rules to go into effect later this year. Many debt collectors already push the boundaries of what’s allowed, contacting people relentlessly and sometimes violating the Fair Debt Collection Practices Act (FDCPA).

Debt collector 98

Debt collector Bankruptcy Creditors Fair Debt Collection 98

Credit Corp

MARCH 12, 2025

Consult a lawyer: If you are unsure how to draft your response or need help asserting defenses, consult a lawyer or a legal aid organization. Many provide free or low-cost assistance for debt-related cases. Credit Card Lawsuit Dismissal FAQ Can A Credit Card Company Or A Debt Collector Sue You?

Debt collector 52

Debt collector Credit Card Debt Creditors Bankruptcy 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. Beginning in 1995, when the Supreme Court issued Heintz v. Wadas , _ F.3d

Law Firms 40

Law Firms Lawyers Collections Debt collector 40

Sawin & Shea

FEBRUARY 9, 2021

This is called zombie debt. It comes from debt collectors and purchasers who try to twist the rules in their favor convince you to pay. The FDCPA Doesn’t Always Stop Zombie Debt. Remember, it’s expensive for debt collectors to do much more than call and email you.

Debt collector 98

Debt collector Bankruptcy Creditors Fair Debt Collection 98

PDC Flow

FEBRUARY 27, 2025

The term call baiting may seem self-explanatorybaiting a debt recovery professional during a phone call. This can be a Fair Debt Collection Practices Act violation, or violation of other laws or regulations which pertain to debt collectors. But what are they baiting the agent to do? Why Do People Call Bait?

Collections 52

Collections Debt collector Debtor Fair Debt Collection 52

FDCPA Defense

APRIL 17, 2019

Few things are more fundamental in the law than the principle that a lawyer owes a duty of loyalty to the client, a duty to be vigorous advocate within the bounds of the law, and a duty to maintain the client’s confidences and preserve the attorney-client privilege. Clients expect this of their attorneys, as they should. It makes no sense.

Lawyers 40

Lawyers Creditor's Rights Law Firms Creditors 40

The Kaplan Group

AUGUST 29, 2021

After all, being reminded that you still have outstanding debts can be overwhelming in itself. Fair Debt Collection Practices Act (FDCPA) When debt collectors violate the rules under the Fair Debt Collection Practices Act (FDCPA), they can be found guilty of harassment, abuse, or oppression.

Debt collector 52

Debt collector Collections Fair Debt Collection Debtor 52

Sawin & Shea

AUGUST 24, 2020

Consult with a bankruptcy lawyer about what your debt negotiation options are. Debt collection agencies can be thoroughly unpleasant. It can be costly with lots of overhead fees and can take years to reach a settlement. How Can I Stop Collector Harassment?

Chapter 13 bankruptcy 98

Chapter 13 bankruptcy Bankruptcy Chapter 7 bankruptcy Debt collector 98