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.

Fair Debt Collection 246

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.

Fair Debt Collection 246

Fair Debt Collection Original Creditor Creditors Collections 246

Account Recovery

DECEMBER 27, 2021

Saying that you expended “time, money, and effort” trying to identify what to do when you are confused as to whom the original creditor was after receiving a collection letter is not enough for a plaintiff to have standing to sue, ruled a District Court judge in Maryland, who has granted a defendant’s motion to … The post Judge (..)

Original Creditor 246

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.

Fair Debt Collection 246

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 (..)

Judgment 243

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

DECEMBER 27, 2021

Judge Grants MTD in FDCPA Class-Action; Florida Asks CFPB to ‘Reevaluate’ Parts of Reg F appeared first on AccountsRecovery.net.

Original Creditor 246

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.

Fair Debt Collection 241

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

OCTOBER 5, 2022

MULTIPLE ‘MISLEADING’ DISPUTES LEADS JUDGE TO GRANT MSJ FOR DEFENDANT IN FCRA, FDCPA CASE After making several attempts to dispute a debt with the original creditor, the defendant, and the credit reporting agencies, the plaintiff filed suit, alleging violations of the FCRA and FDCPA.

Original Creditor 236

Original Creditor Creditors 236

Account Recovery

MAY 14, 2021

The California state Senate yesterday passed SB 531, a bill that would require the original creditor or owner of a debt to notify a consumer within five days of the sale or assignment of the debt to someone else, while also giving consumers the right to request certain information about a debt from debt collectors, … The post Calif.

Original Creditor 228

Original Creditor Debt collector Creditors 228

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.

Student loans 231

Student loans Student Loans Creditors Fair Debt Collection 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 (..)

Healthcare 219

Healthcare Fair Debt Collection Original Creditor Creditors 219

Account Recovery

NOVEMBER 30, 2020

The Court of Appeals for the First Circuit has upheld a lower court’s ruling that the purchaser of a defaulted credit card debt is entitled to the same arbitration opportunity as the original creditor, even though the individual who owed the debt prevailed in a civil suit filed by the purchaser because it could not … The post Appeals Court (..)

Debt Buying 217

Debt Buying Credit Card Debt Original Creditor Creditors 217

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

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.

Original Creditor 59

Original Creditor Collection Agencies Collections Agency Credit Unions 59

Account Recovery

OCTOBER 18, 2024

A consumer in Kentucky is attempting to use the arbitration provision of the underlying agreement between herself and the original creditor as evidence that the defendant violated the Fair Debt Collection Practices Act and state law by filing a collection lawsuit against her.

Fair Debt Collection 246

Fair Debt Collection Original Creditor Lawyers Creditors 246

Account Recovery

DECEMBER 16, 2024

These regulations could fundamentally alter how creditors and debt collectors operate, potentially harming consumers while imposing onerous compliance burdens on financial institutions. Critics fear these changes could lead to unintended consequences, such as increased litigation, reduced access to credit, and consumer confusion.

Debt collector 130

Debt collector Collections Financial Institution Creditors 130

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 (..)

Creditors 147

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

The Background: The background […]

Fair Debt Collection 130

Fair Debt Collection Original Creditor Creditors Collections 130

Account Recovery

DECEMBER 28, 2023

The Washington Court of Appeals has overturned a lower court’s ruling in favor of a collection operation that was sued because the original creditor — a healthcare provider — did not screen the plaintiff to see if he was eligible for charity care, but there is a lot of back-and-forth between both sides over the […]

Healthcare 130

Healthcare Original Creditor Creditors Collections 130

Account Recovery

AUGUST 21, 2020

A District Court judge in Illinois has ruled that including references to the “original creditor,” a “sender,” and a “current owner of the unpaid account,” is not enough to identify the current creditor to whom a debt is owed and denied a defendant’s motion to dismiss, also ruling that the defendant failed (..)

Creditors 147

Creditors Original Creditor 147

Account Recovery

NOVEMBER 11, 2024

The background: The plaintiff claimed that the defendant attempted to collect a debt that it had purchased from the original creditor. The debt was then transferred to the defendant for collection.

Fair Debt Collection 130

Fair Debt Collection Original Creditor Creditors Collections 130

Account Recovery

NOVEMBER 18, 2024

This change directly impacts original creditors who previously may not have considered themselves subject to these regulations. Why it matters: The proposed rules reinforce that all persons or entities attempting to collect debts, including those collecting on their own accounts, fall within the scope of regulation.

Creditors 130

Creditors Collections Original Creditor Debt collector 130

Nexa Collect

JULY 28, 2020

When a debt passes from the original creditor to a collection agency, this escalation often makes debtors pay attention. There’s an implied threat when an agency gets involved that doesn’t exist with the original creditor. These are all benefits not afforded to the original creditor.

Collection Agencies 130

Collection Agencies Collections Agency Collections Debt Recovery 130

Nexa Collect

AUGUST 8, 2020

When a debt passes from the original creditor to a collection agency, this escalation often makes debtors pay attention. There’s an implied threat when an agency gets involved that doesn’t exist with the original creditor. These are all benefits not afforded to the original creditor.

Collection Agencies 130

Collection Agencies Collections Agency Collections Debt Recovery 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. A copy […]

Fair Debt Collection 130

Fair Debt Collection Original Creditor Creditors Collections 130

Account Recovery

JUNE 26, 2023

A District Court judge in Utah has denied a defendant’s motion to dismiss in a Fair Credit Reporting Act case, ruling that it did not conduct a reasonable investigation after the plaintiff disputed the debt because both the defendant — the original creditor — and a collection agency were reporting the debt to the credit […] (..)

Original Creditor 130

Original Creditor Collection Agencies Collections Agency Creditors 130

Account Recovery

AUGUST 15, 2024

The original creditor was Fortiva Credit Card. The Background: The plaintiff noted an item on his credit report from the defendant. The balance on the tradeline was $903. The Ruling: The defendant argued in its motion to dismiss that the plaintiff did not dispute the debt during the call with the representative.

Fair Debt Collection 130

Fair Debt Collection Original Creditor Creditors Collections 130

Account Recovery

JUNE 30, 2022

Any debt collectors still charging convenience fees or other fees to consumers that are not covered in the contract between the consumer and the original creditor are breaking the law and may be subject to lawsuits from consumers and regulatory scrutiny from the Consumer Financial Protection Bureau, the agency announced yesterday by issuing an Advisory (..)

Original Creditor 130

Original Creditor Debt collector Creditors 130

Account Recovery

MARCH 14, 2023

The National Consumer Law Center has submitted a petition to the Consumer Financial Protection Bureau requesting that original creditors be responsible for furnishing information related to debt collection activity undertaken by third-party debt collectors or debt buyers, and that collectors should be required to review documents like the original (..)

Third-party Debt Collectors 130

Third-party Debt Collectors Original Creditor Debt collector Creditors 130

Nexa Collect

SEPTEMBER 23, 2021

Collection agencies now insist that their clients (Original creditors) include a paragraph in their legal service agreement which permits that the customers can be contacted (by original creditors or by a collection agency) in case of a late payment/default. In fact, many prefer it that way.

Collections 130

Collections Collection Agencies Collections Agency Debtor 130