Account Recovery

SEPTEMBER 6, 2022

A District Court judge in Illinois has granted a defendant’s motion for summary judgment in a Fair Debt Collection Practices Act case involving how the defendant, and the original creditor, came to be in possession of the plaintiff’s husband’s Social Security number.

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Fair Debt Collection Original Creditor Judgment Creditors 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.

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Fair Debt Collection Law Firms Original Creditor Creditors 246

Account Recovery

AUGUST 13, 2021

Judge Grants MTD in FDCPA Class Action Over Credit Reporting Language in Letter appeared first on AccountsRecovery.net.

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Fair Debt Collection Original Creditor Creditors Collections 246

Account Recovery

OCTOBER 29, 2021

Judge Grants MTD in FDCPA Case Even Though Letter Lacked ‘Clarity’ appeared first on AccountsRecovery.net.

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Fair Debt Collection Original Creditor Creditors Collections 246

Account Recovery

OCTOBER 18, 2021

A District Court judge in Illinois has granted a plaintiff’s motion to remand a Fair Debt Collection Practices Act case back to state court, while denying the motion for attorney fees and costs, after the plaintiff received two collection emails from the defendant in which the name of the original creditor was slightly different in … The (..)

Fair Debt Collection 246

Fair Debt Collection Original Creditor Creditors Collections 246

Account Recovery

OCTOBER 27, 2021

A District Court judge in Michigan has granted a defendant’s motion to dismiss after it was sued for allegedly violating the Fair Debt Collection Practices Act by contacting the plaintiff after she had disputed the debt in question with the original creditor and for making a “hard inquiry” on her credit report.

Creditors 246

Creditors Fair Debt Collection Original Creditor Collections 246

Account Recovery

NOVEMBER 11, 2022

A copy … The post Calif. Appeals Court Upholds Ruling Denying Defendant’s Motion to Compel Arbitration appeared first on AccountsRecovery.net.

Fair Debt Collection 245

Fair Debt Collection Original Creditor Creditors Collections 245

Account Recovery

NOVEMBER 12, 2021

Is it possible for an individual to sue a debt collector for violating the Fair Credit Reporting Act and Fair Debt Collection Practices Act for allegedly attempting to collect a debt that the individual believes he did not owe, when the individual took no action against the original creditor for placing the allegedly illegitimate debt … The post (..)

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Judgment Fair Debt Collection Original Creditor Debt collector 243

Account Recovery

JULY 15, 2022

JUDGE DENIES MOTION TO COMPEL ARBITRATION IN FDCPA CASE 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 Original Creditor Creditors Collections 246

Account Recovery

APRIL 12, 2022

A class-action lawsuit has been filed against a collection agency for allegedly violating the Fair Debt Collection Practices Act by having multiple addresses on a collection letter it sent and not explicitly communicating to which address disputes or requests for original creditor information should be sent.

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Fair Debt Collection Original Creditor Collection Agencies Collections Agency 241

Account Recovery

FEBRUARY 1, 2023

The California Court of Appeals has upheld a lower court’s ruling denying a motion to compel arbitration filed by a collection operation, reaching the same conclusion that the plaintiff never officially consented to arbitration with the original creditor, and allowing a Rosenthal Fair Debt Collection Practices Act case to proceed.

Fair Debt Collection 246

Fair Debt Collection Original Creditor Creditors Collections 246

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

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. Translation: to CYA, you need better original creditor contracts.] Judge Orelia E.

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Fair Debt Collection Law Firms Bankruptcy Judgment 130

Account Recovery

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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Student Loans Student loans Creditors Loans 231

Account Recovery

APRIL 15, 2021

In a case that was defended by the team at Malone Frost Martin, the Court of Appeals for the Eighth Circuit has affirmed a lower court’s ruling in favor of a defendant that was sued for violating the Fair Debt Collection Practices Act because it did not include a copy of the original creditor’s financial … The post Appeals Court Affirms (..)

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Healthcare Fair Debt Collection Original Creditor Creditors 219

Account Recovery

JUNE 1, 2021

NDCA Judge Grants MTD in FDCPA Case Over Creditor ID in Letter; Sixth Circuit Jumps on Standing Bandwagon appeared first on AccountsRecovery.net.

Creditors 214

Creditors Fair Debt Collection Original Creditor Collections 214

Account Recovery

JUNE 1, 2021

A District Court judge in California has granted a defendant’s motion to dismiss after it was sued for allegedly violating the Fair Debt Collection Practices Act because it identified the creditor and the original creditor in a letter, but did not identify the current creditor to whom the debt was owed, with the judge ruling … The post (..)

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Creditors Fair Debt Collection Original Creditor Collections 147

Account Recovery

SEPTEMBER 17, 2020

A District Court judge in Hawaii has denied a defendant’s motion to compel arbitration in a class-action suit accusing it of violating the Telephone Consumer Protection Act and Fair Debt Collection Practices Act because the defendant did not show that the plaintiff must rely on the terms of his customer agreement with the original creditor … (..)

Fair Debt Collection 147

Fair Debt Collection Original Creditor Creditors Collections 147

Account Recovery

AUGUST 2, 2024

A District Court judge in Connecticut has denied a defendant’s motion to compel arbitration in a Fair Debt Collection Practices Act class-action lawsuit, ruling the defendant — a debt buyer that purchased the account from the original creditor — did not have specific documentation reflecting the assignment of the plaintiff’s (..)

Fair Debt Collection 130

Fair Debt Collection Original Creditor Creditors Collections 130

Account Recovery

SEPTEMBER 1, 2023

A change in precedent has led the Court of Appeals for the Third Circuit to remand a case back to the District Court to determine whether the owners of a debt that was purchased from the original creditor can compel arbitration after being sued for allegedly violating the Fair Debt Collection Practices Act.

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Fair Debt Collection Original Creditor Creditors Collections 130

Account Recovery

AUGUST 15, 2024

A District Court judge in Pennsylvania has denied a defendant’s motion to dismiss a Fair Debt Collection Practices Act lawsuit, ruling that the plaintiff did in fact dispute a debt when, during a conversation with a representative of the defendant, he said, “the balance seems to be a little off.”

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Fair Debt Collection Original Creditor Creditors Collections 130

Nerd Wallet

NOVEMBER 16, 2020

Working with third-party debt collectors can be confusing and scary. adults with debt in collections, knowing their legal rights is crucial. The Fair Debt Collection Practices Act covers third-party debt collectors — those who buy a delinquent debt from an original creditor, like a credit card company.

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Debt collector Third-party Debt Collectors Fair Debt Collection Legal Rights 111

Troutman Sanders

SEPTEMBER 8, 2023

Although the credit union’s tradeline was updated to reflect that the account was “closed” and in collections, and the collection agency’s tradeline indicated that the credit union was the original creditor, both tradelines showed a balance, albeit for different amounts — $18,340 for the credit union and $20,875 for the collection agency.

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Original Creditor Collection Agencies Collections Agency Credit Unions 59

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)?

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Debt collector Fair Debt Collection Collection Agencies Collections Agency 98

Account Recovery

AUGUST 12, 2024

Judge Grants MTD in FDCPA Class Action Over Language in Letter A District Court judge in New Jersey has granted a defendant’s motion to dismiss a Fair Debt Collection Practices Act class-action lawsuit, but not on the merits as the defendant had sought. Read on to hear what the experts have to say this week. More details here.

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Judgment Fair Debt Collection Original Creditor Debt collector 130

Credit Corp

NOVEMBER 9, 2020

Can a collection agency report to a credit bureau without notifying you? Knowing illegal debt collection practices can help identify when you’re being treated unfairly. The Fair Debt Collection Practices Act is a federal law that protects consumers against certain unfair collection practices.

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Collection Agencies Collections Agency Credit Bureau Collections 105

Nexa Collect

JUNE 21, 2023

Though they are generally not allowed to discuss the debt with anyone other than you (in countries with strong consumer protection laws like the U.S.), Debt Sold : The debt collection agency might sell your debt to another agency. this can still lead to embarrassment or social stigma.

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Collection Agencies Collections Agency Credit Counselor Garnishment 100

Credit Corp

MARCH 12, 2025

Step 2: Make the Debt Collector Prove Their Case When your credit card debt moves to debt collections and the collection sues you, the burden of proof becomes their responsibility instead of the original creditor’s. Provide evidence, such as police reports or identity theft claims.

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Debt collector Credit Card Debt Creditors Bankruptcy 52

Better Credit Blog

AUGUST 21, 2020

If you have heard from a debt collector called MRS BPO LLC recently, you may already be aware of this and looking for a way to fix the situation. MRS BPO LLC is contacting you because they are now responsible for collecting a debt on behalf of your original creditor.

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Debt collector Original Creditor Collections Agency Collection Agencies 92

Troutman Sanders

DECEMBER 29, 2021

This letter indicated that Diverse Funding was now creditor to whom the debt was owed but further stated, “[t]he original creditor was. Contract Callers, Inc. Civil Action No. RDB-21-1540 (D. sic] You may recognize this as your.

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Original Creditor Collections Creditors Fair Debt Collection 52

Troutman Sanders

FEBRUARY 1, 2022

District Court for the Southern District of California, granting summary judgment in favor of a debt collector in a Fair Debt Collections 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.

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Debt collector Judgment Fair Debt Collection Debtor 59

Better Credit Blog

APRIL 1, 2022

First of all, if you’re receiving harassing calls from a collection agency, you need to not only know your rights under the Fair Debt Collection Practices Act , but be willing to stand up against collection agencies who attempt to violate your rights under this law. What to Do When LVNV Funding Calls.

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Debt collector Fair Debt Collection Collection Agencies Collections Agency 75

Credit Corp

JUNE 14, 2020

That collection agency may report the debt as owed to the credit bureaus. Suddenly, the debt reappears on your credit report, except now it’s a zombie debt. Zombie Debts and Judgments. Obviously, zombie debt collectors aren’t always playing by the same rules as others, though.

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Debt collector Judgment Collection Agencies Collections Agency 98

Better Credit Blog

APRIL 3, 2022

Portfolio Recovery buys multiple accounts with old debt from companies that have given up and “charged off” the accounts. In other words, when the original creditor has been unsuccessful in collecting on a debt, it will write off the debt as a loss. Make Them Prove the Debt is Yours.

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Debt collector Collection Agencies Collections Agency Garnishment 87

Credit Corp

JUNE 1, 2023

There are many kinds of debts that can be sent to collections, including: Credit card payments Student loans Medical bills Rent payments Utility payments Auto loans Personal loans Tax debt The time it takes the original creditor to transfer your debt to collections varies.

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Collections Debt collector Collection Agencies Collections Agency 126

Credit Corp

SEPTEMBER 12, 2023

If the debt collector made an error: If you suspect the debt collection agency made a mistake, like if you see a debt you don’t recognize, you’ll need to confirm the debt belongs to you. You can also contact the original creditor to get this information.

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Collections Collection Agencies Collections Agency Credit Bureau 92

Troutman Sanders

AUGUST 26, 2020

The plaintiff filed a lawsuit alleging that the debt collector violated the Fair Debt Collection Practices Act (FDCPA) because it was not allowed to charge interest on the unpaid debt or, alternatively, that it was using the wrong start date for the interest calculation.

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Debt collector Fair Debt Collection Creditors Original Creditor 52