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Court Calls Out Defendant for ‘Rubber Stamping’ Investigation, Denies MSJ in FCRA Case

Account Recovery

Case in point — the forensic analysis detailed in this ruling in which a District Court judge in California partially denied a defendant’s motion for summary judgment in a case alleging violations of both the Fair Credit Reporting Act and the Rosenthal Fair Debt Collection Practices Act, among other claims.

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

Account Recovery

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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Judge Rules Debt Collection Lawsuit Waives Arbitration Clause

Account Recovery

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.

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Compliance Digest – September 30

Account Recovery

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.

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Need to Know About Debt Negotiation and Settlement?

Sawin & Shea

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 student loans, child and spousal support, and newer tax debt.

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Q1 Industry Insights: Economic Stressors Persist while Pandemic-era Benefits End

True Accord

Directly impacting creditors and debt collectors, a January ruling from the District Court of Puerto Rico found that sending debt collection communications prior to any knowledge of a debtor’s bankruptcy filing is not a violation of the Fair Debt Collection Practices Act (FDCPA).

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Differences Between Commercial and Consumer Debt Collection

Direct Recovery

Consumer Debt Collection Basics Consumer debt collection describes debts that are owed by individuals, which can include anything from credit card balances and old utility bills to personal loans, medical debt, and mortgages.