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A District Court judge in Virginia has dismissed the majority of claims against several defendants in a FairDebtCollection 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.
Judge Dismisses FDCPA Class Action; DoE Announces StudentLoan Repayment Proposal first appeared on AccountsRecovery.net. Judge Dismisses FDCPA Class Action; DoE Announces StudentLoan Repayment Proposal first appeared on AccountsRecovery.net. The post Daily Digest – January 11.
STUDENTLOANCOLLECTION BILL INTRODUCED IN COLORADO Legislators in Colorado are moving forward with a bill aimed at overhauling studentloancollection in the state, which, if enacted would create several conflicts with the Colorado FairDebtCollection Practices Act for debt collectors.
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 FairDebtCollection Practices Act case over the collection of a time-barred debt, ruling the plaintiff lacked standing.
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 FairDebtCollection 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.
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 FairDebtCollection Practices Act to notify the original creditor that a debt was being disputed.
A California Appeals Court has reversed a lower court’s ruling in favor of a collection law firm and debtcollection operation that were sued for violating the FairDebtCollection Practices Act (FDCPA), ruling that the public interest exception to the state’s anti-SLAPP law applies to the case.
A District Court judge in Connecticut has granted a motion to dismiss filed by a collection agency, a studentloan servicer, and the plaintiff’s employer for allegedly violating the FairDebtCollection Practices Act by attempting to garnish the plaintiff’s wages, because the statute of limitations on filing a claim had passed when the (..)
Legislators in Colorado are moving forward with a bill aimed at overhauling studentloancollection in the state, which, if enacted would create several conflicts with the Colorado FairDebtCollection Practices Act for debt collectors.
Judge Grants MTD in FDCPA, FCRA Case Over Emails, Portal Access; Appeals Court Blocks StudentLoanDebt Relief Plan appeared first on AccountsRecovery.net.
The background: The case stems from a series of private studentloans 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.
The Court of Appeals for the Third Circuit has affirmed the dismissal of a FairDebtCollection Practices Act case against a studentloan servicer for continuing to attempt to collect a studentloandebt after it had been discharged in bankruptcy because the plaintiff failed to follow the proper procedure.
DEFENDANTS ASK JUDGE TO RECONSIDER DENYING MTD CLAIM IN FDCPA SUIT The defendants in a class-action FairDebtCollection 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.
Judge Denies MTD in FDCPA Case Over Dispute Language in Letter; Experts Predict Court Will Strike Down StudentLoanDebt Cancellation Plan first appeared on AccountsRecovery.net. The post Daily Digest – April 24.
Recovering unpaid studentloans is a systematic process. Just like mortgage recoveries, the steps can vary depending on the jurisdiction and the terms of the loan. Employ a Collection Agency : If the borrower is unresponsive or unwilling to pay, employ the services of a collection agency.
A District Court judge in Pennsylvania has denied a plaintiff’s attorney’s renewed motion to withdraw from a case against a studentloan servicer for allegedly violating the FairDebtCollection Practices Act and the Fair Credit Reporting Act, saying her “ill-conceived notion” that her client would be engaging in unlawful or (..)
COLLECTOR FACING FDCPA SUIT FOR ALLEGEDLY NOT CREDITING ACCOUNT A collector is facing a FairDebtCollection Practices Act lawsuit for allegedly accepting the first in a series of payments to settle a studentloandebt, only to later tell the plaintiff that the payment of $4,800 was not able to be credited to the …
A District Court judge in New York has granted a defendant’s motion to dismiss a FairDebtCollection Practices Act class-action lawsuit, ruling that the plaintiffs’ claims were time-barred by the FDCPA’s one-year statute of limitations.
The Sixth Circuit recently confirmed studentloan servicers, who begin servicing debts after default and resale, are not liable to borrowers under the FairDebtCollection Practices Act (FDCPA) because the servicers are not acting as “debt collectors.”. On March 25, in Willison v. Nelnet, Inc. ,
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 FairDebtCollection Practices Act (FDCPA), a law designed to keep third-party debt collectors in check when they contact you.
Directly impacting creditors and debt collectors, a January ruling from the District Court of Puerto Rico found that sending debtcollection communications prior to any knowledge of a debtor’s bankruptcy filing is not a violation of the FairDebtCollection Practices Act (FDCPA).
A Magistrate Court judge in New York has ordered the defendant in a FairDebtCollection Practices Act class action case to pay $44,895 in attorney’s fees to the plaintiffs for waiting six months to disclose that one of its employees — that the plaintiffs were seeking to depose — had suffered a stroke and … The post Defendant (..)
Whether or not you file for bankruptcy also depends on the kind of debt you have. Bankruptcy will wipe out credit card debt, medical bills, and personal loans, but will not eliminate primary obligation debt; things like studentloans, child and spousal support, and newer tax debt.
Whether you are someone in the debtcollection industry or just a consumer that wants to understand their rights better, let’s take a few minutes to break down the details of each bill from a debtcollection perspective. FairDebtCollection Practices Act.
The standard courts should use to determine whether an alleged FairDebtCollection Practices Act (FDCPA) violation is material remains unsettled. Pioneer) to help collect the debt. The packet’s first two pages contained information about the alleged debt and ordered the employer to garnish the plaintiff’s wages.
This can mean that you may be passed over for loan and credit card approvals in the future. The only way to get your credit score back on track is to remove the collection entry as soon as you can. Although Sunrise Credit Services is indeed a legitimate debt collector , they are not thought kindly of by their customers.
On January 3, Fannie Mae announced that during the weekend of January 20, it will update its loan underwriting system, Desktop Underwriter, to support changes to FHA and VA loan limits. The debt collector claimed that they were only responsible under the law when they intended to say something false.
It’s no secret that studentdebt is at an all-time high. According to the US Department of Education, there are more than 40 million studentloan borrowers who owe more than $1.2 Unfortunately, this means studentloans (unless you have access to scholarships, independent wealth, grants, or other resources).
Prohibiting servicers of private education loans from reporting an adverse item of information relating to the nonpayment of the loan for an established period of time. Prohibiting servicers of private education loans from reporting an adverse item of information relating to the nonpayment of the loan for an established period of time.
When this happens, it means your debt has gone to collections and debt collectors from the collection agency will now try to contact you for payment. Some contracts may have a grace period where you can still pay your debt after it’s due.
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