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Judge Dismisses Most Claims in FDCPA Class-Action

Account Recovery

OCTOBER 10, 2024

A District Court judge in Virginia has dismissed the majority of claims against several defendants in a Fair Debt Collection Practices Act class-action lawsuit, but allowed one key claim against a collection agency to proceed. The ruling: In the ruling, Judge M. Bank National Association.

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Eleventh Circuit Affirms Ruling Against Loan Servicer Over Convenience Fees

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FEBRUARY 5, 2025

The Court of Appeals for the Eleventh Circuit has affirmed a lower court’s ruling for the plaintiffs in a Fair Debt Collection Practices Act case over convenience fees, ruling loan servicers are prohibited from charging anything not expressly authorized by the underlying agreement or permitted by law.

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Senate Bill Aims to Prohibit ‘Predatory’ Collectors From Accessing PPP Loans

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MAY 7, 2021

A month after a similar bill was introduced in the House of Representatives, a bill has been introduced in the Senate that seeks to choke off access to the Paycheck Protection Program for any debt collector that has committed any violation of the Fair Debt Collection Practices Act.

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Judge Grants MSJ for Defendant in FDCPA Case Over Allegedly Fraudulent Loan

Account Recovery

APRIL 22, 2021

Claiming you have been the victim of identity theft is not enough to get a collection item removed from your credit report, a District Court judge in California has ruled, granting a defendant’s motion for summary judgment after the plaintiff claimed it violated the Fair Debt Collection Practices Act by continuing to report the debt … The (..)

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Daily Digest – January 11. Judge Dismisses FDCPA Class Action; DoE Announces Student Loan Repayment Proposal

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JANUARY 11, 2023

Judge Dismisses FDCPA Class Action; DoE Announces Student Loan Repayment Proposal first appeared on AccountsRecovery.net. Judge Dismisses FDCPA Class Action; DoE Announces Student Loan Repayment Proposal first appeared on AccountsRecovery.net. The post Daily Digest – January 11.

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Appeals Court Partially Reverses Dismissal of FDCPA Case Over Consumer Status and Debt Definition

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APRIL 6, 2025

The Court of Appeals for the Fourth Circuit on Friday partially reversed the dismissal of a Fair Debt Collection Practices Act case over whether the plaintiff meets the statute’s definition of “consumer” and whether the debt is still a debt.

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Daily Digest – April 4. Appeals Court Overturns $350k Damages Award Against Collector; CFPB Fines Student Loan Servicer $1M

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APRIL 4, 2022

APPEALS COURT OVERTURNS $350K DAMAGES AWARD AGAINST COLLECTOR The Court of Appeals for the Seventh Circuit on Friday reversed a jury award of $350,000 against a collector in a Fair Debt Collection Practices Act case over the collection of a time-barred debt, ruling the plaintiff lacked standing.

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Judge Denies MJOP in FDCPA Class Action Over ‘Junk’ Fees

Account Recovery

OCTOBER 16, 2024

A District Court judge in Washington has denied a defendant’s motion for judgment on the pleadings in a Fair Debt Collection Practices Act class-action case over alleged “junk” fees, ruling that the plaintiffs adequately pleaded plausible claims under the FDCPA and related state consumer protection laws.

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Daily Digest – February 17. Student Loan Collection Bill Introduced in Colorado; Bill Introduced in Maryland to Overhaul Collection of Medical Debts

Account Recovery

FEBRUARY 17, 2021

STUDENT LOAN COLLECTION BILL INTRODUCED IN COLORADO Legislators in Colorado are moving forward with a bill aimed at overhauling student loan collection in the state, which, if enacted would create several conflicts with the Colorado Fair Debt Collection Practices Act for debt collectors.

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Daily Digest – November 11. Class-Action Over Not Using MVN; Judge Blocks Student Loan Debt Cancellation

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NOVEMBER 11, 2022

Class-Action Over Not Using MVN; Judge Blocks Student Loan Debt Cancellation appeared first on AccountsRecovery.net.

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Daily Digest – December 10. Judge Denies MTD in FDCPA, TCPA Class Action; Lawmakers Making Waves Over Student Loans

Account Recovery

DECEMBER 10, 2021

Judge Denies MTD in FDCPA, TCPA Class Action; Lawmakers Making Waves Over Student Loans appeared first on AccountsRecovery.net.

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Daily Digest – October 19. Judge Grants MTD in FDCPA Hunstein Case; Report Shares Details of Student Loan Restart Proposals

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OCTOBER 19, 2021

Judge Grants MTD in FDCPA Hunstein Case; Report Shares Details of Student Loan Restart Proposals appeared first on AccountsRecovery.net.

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Daily Digest – October 18. Judge Remands FDCPA Case Back to State Court; Ed. Dept. Hands Out Student Loan Contracts

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OCTOBER 18, 2021

Hands Out Student Loan Contracts appeared first on AccountsRecovery.net. Judge Remands FDCPA Case Back to State Court; Ed.

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Daily Digest – August 10. MDNC Judge Grants MTD in FDCPA Class Action; DFPI Fines Student Loan Debt Relief Company $1.4M

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AUGUST 10, 2021

MDNC Judge Grants MTD in FDCPA Class Action; DFPI Fines Student Loan Debt Relief Company $1.4M appeared first on AccountsRecovery.net.

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Daily Digest – October 11. Judge Awards Plaintiff $70k in Damages, Fees; Ed. Dept. Creates Student Loan Enforcement Unit

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OCTOBER 11, 2021

Creates Student Loan Enforcement Unit appeared first on AccountsRecovery.net. Judge Awards Plaintiff $70k in Damages, Fees; Ed.

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Daily Digest – August 27. Judge Grants MTD on All Counts But One in FDCPA Class Action; $1.1B in Student Loans Canceled

Account Recovery

AUGUST 27, 2021

in Student Loans Canceled appeared first on AccountsRecovery.net. Judge Grants MTD on All Counts But One in FDCPA Class Action; $1.1B

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Daily Digest – August 9. Utah Judge Grants MTD in FDCPA Case Over Lack of License; Student Loan Moratorium Extended Into 2022

Account Recovery

AUGUST 9, 2021

UTAH JUDGE GRANTS MTD IN FDCPA CASE OVER LACK OF LICENSE A District Court judge in Utah has granted a defendant’s motion to dismiss a Fair Debt Collection Practices Act class action case, ruling that it did not need a license to collect in that state in order to file collection lawsuits against the two … The post Daily Digest – August 9.

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Bill Introduced to Keep ‘Predatory’ Collectors From Accessing PPP Loans

Account Recovery

APRIL 8, 2021

A bill has been introduced in the House of Representatives that seeks to cut off any debt collector from receiving additional funds under the Paycheck Protection Program if that collector has been found to have violated any provision of the Fair Debt Collection Practices Act by a federal agency or an action brought in a … The post Bill Introduced (..)

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California Appeals Court Overturns Ruling in Debt Collection Case

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.

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Daily Digest – June 24. Judge Rules for Defendant in FDCPA Case Over Dispute Response; Settlement Will Cancel $6B in Student Loans

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JUNE 24, 2022

Judge Rules for Defendant in FDCPA Case Over Dispute Response; Settlement Will Cancel $6B in Student Loans appeared first on AccountsRecovery.net.

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Daily Digest – July 7. Appeals Court Reverses Dismissal of FDCPA Suit Over Barcode on Envelope; New Student Loan Licensing Law in Mass. Now in Effect

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JULY 7, 2021

Appeals Court Reverses Dismissal of FDCPA Suit Over Barcode on Envelope; New Student Loan Licensing Law in Mass.

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Daily Digest – April 9. Judge Partially Grants MTD in Class-Action; Bill Introduced to Forgive Healthcare Workers’ Student Loans

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APRIL 9, 2021

Judge Partially Grants MTD in Class-Action; Bill Introduced to Forgive Healthcare Workers’ Student Loans appeared first on AccountsRecovery.net.

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Daily Digest – April 29. Judge Certifies Class in FDCPA Suit; Ed. Dept. Cancels More Student Loan Debt

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APRIL 29, 2022

Cancels More Student Loan Debt appeared first on AccountsRecovery.net. Judge Certifies Class in FDCPA Suit; Ed.

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Daily Digest – October 3. Collector Not Obligated to Notify Creditor of Dispute; Legal Challenges to Student Loan Debt Cancellation Plan Launched

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OCTOBER 3, 2022

COLLECTOR NOT OBLIGATED TO NOTIFY CREDITOR OF DISPUTE A judge in Oklahoma has granted a motion to dismiss, ruling the defendant was not obligated under the Fair Debt Collection Practices Act to notify the original creditor that a debt was being disputed.

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Daily Digest – July 9. Judge Denies Certification in FDCPA Suit; PHEAA Getting Out of Federal Student Loan Servicing

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JULY 9, 2021

Judge Denies Certification in FDCPA Suit; PHEAA Getting Out of Federal Student Loan Servicing appeared first on AccountsRecovery.net.

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Class-Action Complaint Filed Against Broker, Debt Buyer Over Tribal Loans

Account Recovery

FEBRUARY 2, 2021

A class-action lawsuit has been filed in Pennsylvania against a debt buyer, accusing it of violating the Fair Debt Collection Practices Act by attempting to collect on a payday loan it acquired that had an interest rate that was illegally high.

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Judge Awards Plaintiff 25% of Requested Attorney’s Fees in Settled FDCPA Case

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.

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FTC Sues, Gets TRO Against Debt Collector

Account Recovery

NOVEMBER 5, 2024

and its sole owner Kenneth Redon III, are accused of violating multiple federal laws, including the FTC Act, the Fair Debt Collection Practices Act, and Regulation F. The FTC’s investigation found that the agency made repeated misrepresentations to consumers, claiming they were delinquent on payday loans or other debts.

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Judge Dismisses FDCPA Claims Against Owner of Debt

Account Recovery

JANUARY 13, 2025

A District Court judge in Arizona has granted a defendant’s motion to dismiss a Fair Debt Collection Practices Act case, ruling that the plaintiff failed to sufficiently establish the defendant’s status as a “debt collector” under the statute and did not plead adequate facts to support the alleged violations.

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Judge Rules Debt Collection Lawsuit Waives Arbitration Clause

Account Recovery

SEPTEMBER 16, 2024

A District Court judge in Maryland has denied a defendant’s motion to compel arbitration in a Fair Debt Collection Practices Act (FDCPA) case, ruling that the defendant waived its right to arbitrate by engaging in prior litigation. The plaintiff eventually defaulted on the loan, with her last payment made in October 2017.

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Compliance Digest – February 18

Account Recovery

FEBRUARY 18, 2025

With this uptick, regulatory scrutiny may rise, leading to more complaints and lawsuits under laws like the FDCPA (Fair Debt Collection Practices Act) and Regulation F due to errors in handling bankrupt debt. Ocwen Loan Servicing, LLC, No. Judge Orelia E. The 11th Circuits recent opinion Glover v.

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Collector Facing Class Action for Making Calls After Plaintiff Allegedly Revoked Consent

Account Recovery

NOVEMBER 1, 2024

A collector is facing a class-action lawsuit over claims it violated the Fair Debt Collection Practices Act and the Telephone Consumer Protection Act because it allegedly failed to honor a request to cease communications with the plaintiff and because it made calls using an artificial or prerecorded voice without the plaintiff’s permission.

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Daily Digest – October 24. Judge Grants MTD in FDCPA, FCRA Case Over Emails, Portal Access; Appeals Court Blocks Student Loan Debt Relief Plan

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OCTOBER 24, 2022

Judge Grants MTD in FDCPA, FCRA Case Over Emails, Portal Access; Appeals Court Blocks Student Loan Debt Relief Plan appeared first on AccountsRecovery.net.

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Judge Grants MTD in Student Loan Collection Case

Account Recovery

SEPTEMBER 14, 2020

A District Court judge in Connecticut has granted a motion to dismiss filed by a collection agency, a student loan servicer, and the plaintiff’s employer for allegedly violating the Fair Debt Collection Practices Act by attempting to garnish the plaintiff’s wages, because the statute of limitations on filing a claim had passed when the (..)

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Ninth Circuit Rules Accrued Interest on Refunded Fees Creates Standing to Sue

Account Recovery

FEBRUARY 19, 2025

The background: The plaintiff, a consumer who made mortgage payments through an online payment service, filed a class action lawsuit against the defendant, a loan servicer, alleging that the $5 convenience fee charged per payment violated multiple California consumer protection laws including the Rosenthal Fair Debt Collection Practices Act.

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Student Loan Collection Bill Introduced in Colorado Legislature

Account Recovery

FEBRUARY 17, 2021

Legislators in Colorado are moving forward with a bill aimed at overhauling student loan collection in the state, which, if enacted would create several conflicts with the Colorado Fair Debt Collection Practices Act for debt collectors.

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Judge Dismisses FDCPA Claims in Long-Running Student Loan Case

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SEPTEMBER 23, 2024

The background: The case stems from a series of private student loans taken out by one of the plaintiffs between 2003 and 2007 to attend college, with the other plaintiff — his father — co-signing for the loans.

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Daily Digest – September 14. Judge Grants MTD in Student Loan Collection Case; Unlicensed Debt Collector Arrested in N.C.

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SEPTEMBER 14, 2020

Judge Grants MTD in Student Loan Collection Case; Unlicensed Debt Collector Arrested in N.C. appeared first on AccountsRecovery.net.

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Appeals Court Upholds Dismissal of FDCPA Case Over Collection of Post-BK Student Loan

Account Recovery

APRIL 5, 2022

The Court of Appeals for the Third Circuit has affirmed the dismissal of a Fair Debt Collection Practices Act case against a student loan servicer for continuing to attempt to collect a student loan debt after it had been discharged in bankruptcy because the plaintiff failed to follow the proper procedure.

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Judge Dismisses Claims of ID Theft in FCRA, FDCPA Case

Account Recovery

DECEMBER 16, 2024

The plaintiff, who alleged various violations against multiple defendants, claimed that her credit card and auto loan accounts were mishandled following instances of identity theft. ” The background: The plaintiff initiated the lawsuit after alleging fraudulent activities on her credit card and unauthorized use of her account.

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Daily Digest – February 22. Defendants Ask Judge to Reconsider Denying MTD; State AGs Make Argument For Student Loan Debt Cancellation

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FEBRUARY 22, 2021

DEFENDANTS ASK JUDGE TO RECONSIDER DENYING MTD CLAIM IN FDCPA SUIT The defendants in a class-action Fair Debt Collection Practices Act overshadowing case have asked a District Court judge to reconsider her partial denial of a motion to dismiss, after the judge granted the motion on two of the three counts last month.

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Judge Grants MSJ for Defendant in FDCPA Case Over Pandemic Voicemail

Account Recovery

AUGUST 9, 2022

A District Court judge has granted a defendant’s motion for summary judgment in a Fair Debt Collection Practices Act case, ruling that a voicemail it sent out to all its customers a few months after the start of the COVID-19 pandemic was not a communication in connection with the collection of a debt, even though … The post Judge Grants (..)

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Daily Digest – April 24. Judge Denies MTD in FDCPA Case Over Dispute Language in Letter; Experts Predict Court Will Strike Down Student Loan Debt Cancellation Plan

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APRIL 24, 2023

Judge Denies MTD in FDCPA Case Over Dispute Language in Letter; Experts Predict Court Will Strike Down Student Loan Debt Cancellation Plan first appeared on AccountsRecovery.net. The post Daily Digest – April 24.

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Compliance Digest – January 20

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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.

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Judge Dismisses Most Claims in FDCPA Class-Action

Eleventh Circuit Affirms Ruling Against Loan Servicer Over Convenience Fees

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Senate Bill Aims to Prohibit ‘Predatory’ Collectors From Accessing PPP Loans

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Judge Grants MSJ for Defendant in FDCPA Case Over Allegedly Fraudulent Loan

Daily Digest – January 11. Judge Dismisses FDCPA Class Action; DoE Announces Student Loan Repayment Proposal

Appeals Court Partially Reverses Dismissal of FDCPA Case Over Consumer Status and Debt Definition

Daily Digest – April 4. Appeals Court Overturns $350k Damages Award Against Collector; CFPB Fines Student Loan Servicer $1M

Judge Denies MJOP in FDCPA Class Action Over ‘Junk’ Fees

Daily Digest – February 17. Student Loan Collection Bill Introduced in Colorado; Bill Introduced in Maryland to Overhaul Collection of Medical Debts

Daily Digest – November 11. Class-Action Over Not Using MVN; Judge Blocks Student Loan Debt Cancellation

Daily Digest – December 10. Judge Denies MTD in FDCPA, TCPA Class Action; Lawmakers Making Waves Over Student Loans

Daily Digest – October 19. Judge Grants MTD in FDCPA Hunstein Case; Report Shares Details of Student Loan Restart Proposals

Daily Digest – October 18. Judge Remands FDCPA Case Back to State Court; Ed. Dept. Hands Out Student Loan Contracts

Daily Digest – August 10. MDNC Judge Grants MTD in FDCPA Class Action; DFPI Fines Student Loan Debt Relief Company $1.4M

Daily Digest – October 11. Judge Awards Plaintiff $70k in Damages, Fees; Ed. Dept. Creates Student Loan Enforcement Unit

Daily Digest – August 27. Judge Grants MTD on All Counts But One in FDCPA Class Action; $1.1B in Student Loans Canceled

Daily Digest – August 9. Utah Judge Grants MTD in FDCPA Case Over Lack of License; Student Loan Moratorium Extended Into 2022

Bill Introduced to Keep ‘Predatory’ Collectors From Accessing PPP Loans

California Appeals Court Overturns Ruling in Debt Collection Case

Daily Digest – June 24. Judge Rules for Defendant in FDCPA Case Over Dispute Response; Settlement Will Cancel $6B in Student Loans

Daily Digest – July 7. Appeals Court Reverses Dismissal of FDCPA Suit Over Barcode on Envelope; New Student Loan Licensing Law in Mass. Now in Effect

Daily Digest – April 9. Judge Partially Grants MTD in Class-Action; Bill Introduced to Forgive Healthcare Workers’ Student Loans

Daily Digest – April 29. Judge Certifies Class in FDCPA Suit; Ed. Dept. Cancels More Student Loan Debt

Daily Digest – October 3. Collector Not Obligated to Notify Creditor of Dispute; Legal Challenges to Student Loan Debt Cancellation Plan Launched

Daily Digest – July 9. Judge Denies Certification in FDCPA Suit; PHEAA Getting Out of Federal Student Loan Servicing

Class-Action Complaint Filed Against Broker, Debt Buyer Over Tribal Loans

Judge Awards Plaintiff 25% of Requested Attorney’s Fees in Settled FDCPA Case

FTC Sues, Gets TRO Against Debt Collector

Judge Dismisses FDCPA Claims Against Owner of Debt

Judge Rules Debt Collection Lawsuit Waives Arbitration Clause

Compliance Digest – February 18

Collector Facing Class Action for Making Calls After Plaintiff Allegedly Revoked Consent

Daily Digest – October 24. Judge Grants MTD in FDCPA, FCRA Case Over Emails, Portal Access; Appeals Court Blocks Student Loan Debt Relief Plan

Judge Grants MTD in Student Loan Collection Case

Ninth Circuit Rules Accrued Interest on Refunded Fees Creates Standing to Sue

Student Loan Collection Bill Introduced in Colorado Legislature

Judge Dismisses FDCPA Claims in Long-Running Student Loan Case

Daily Digest – September 14. Judge Grants MTD in Student Loan Collection Case; Unlicensed Debt Collector Arrested in N.C.

Appeals Court Upholds Dismissal of FDCPA Case Over Collection of Post-BK Student Loan

Judge Dismisses Claims of ID Theft in FCRA, FDCPA Case

Daily Digest – February 22. Defendants Ask Judge to Reconsider Denying MTD; State AGs Make Argument For Student Loan Debt Cancellation

Judge Grants MSJ for Defendant in FDCPA Case Over Pandemic Voicemail

Daily Digest – April 24. Judge Denies MTD in FDCPA Case Over Dispute Language in Letter; Experts Predict Court Will Strike Down Student Loan Debt Cancellation Plan

Compliance Digest – January 20

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