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Archive for the ‘FDCPA’ Category

Debt Collector Green Tree Responsible for Burden of Proof

The U.S. Court of Appeals for the Third Circuit ruled that under the Fair Debt Collection Practices Act, debt collectors contacting third parties to locate debtors must show that the contact was purely to locate the debtor. In this case, Patricia Evankavitch, the Plaintiff, filed a lawsuit against the debt collection agency Green Tree after…

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CFPB Reports 88,300 Debt Collection Complaints in 2014

The Consumer Financial Protection Bureau (CFPB) has released its 2015 Annual Report, providing an in-depth look at the thousands of consumer complaints received by the Bureau in 2014. A staggering 88,300 complaints, 35% of those made to the CFPB, related to debt collectors and, if taken as factually accurate, each and every one violates Fair…

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US Dept of Education Ends Contracts with 5 Private Collection Agencies

In a recent press release, the United States Department of Education (DoED) announced that it is ending contracts with five private debt collectors. This news comes to us in the wake an internal review conducted by the DoED’s Federal Student Aid (FSA) office. The FSA evaluated more than 20 private collection agencies in order to…

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FTC Files Complaints Against 4 Star Resolution, Vantage Point Services for FDCPA Violations

Two debt collectors, both headquartered in Buffalo, NY, have had complaints filed against them by the Federal Trade Commission according to a recent press release from the FTC. The FTC, along with the NY State Office of the Attorney General, is suing two separate, Buffalo-based debt collection groups for alleged violations of the Fair Debt Collection…

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Court Allows Class Action Accusing Collector, Law Firm of ‘Sewer Service’

Reuters reports that, last month, over 100,000 potential plaintiffs were permitted to pursue a class action against a New York-based debt collector and law firm. The claim is that both Leucadia National Corp and the Mel S. Harris law firm were using ‘sewer service‘ to win default judgments in cases against debtors. Sewer service is…

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Iowa Man’s Overdue Debt Tripled by Debt Collector

Vietnam War veteran Dana Franks of Iowa is under pressure from an Omaha, Nebraska-based debt collection firm to pay over $15,000 for a $5,000 credit card debt from 2006. The debt stems from a Capital One credit card Franks used after the passing of his wife eight years ago. While Franks would like to settle…

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Pressler & Pressler Hit with Class Action

In a recent article published by NJ Law Journal, it was reported that a putative class action has been filed against the largest collections firm in New Jersey, Pressler & Pressler. This news comes in the wake of a recent ruling that determined “four-seconds” is not enough time to be considered “meaningful attorney review” under…

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Debt Collector’s Door Hangers Lead to Certified Class Action

On September 17th, 2014, a federal judge certified a class action alleging that Safeguard Properties LLC broke the law when it hung “please call” notes on the doorknob of a homeowner in an attempt to obtain a return call. Door hangers were left on the front door of Lucille Simpson five times between October 2012…

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USCB to Pay Millions in TCPA Debt Collection Class Action Settlement

Have you been receiving pre-recorded messages or automated phone calls to your cellphone from debt collectors? It seems you’re not the only one. Last month, USCB Inc., a receivable and resource management company, agreed to a $2.75 million settlement that will be paid out to roughly 12,000 consumers in order to resolve a Telephone Consumer Protection…

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1 800 NOT FAIR FDCPA Attorney Featured in NBC Nashville Story on National Credit Adjustors

Receiving threatening collection calls from National Credit Adjustors? You are not alone and there is help to stop collection calls. FDCPA Attorney Amy Bennecoff was featured in an NBC Nashville investigation into National Credit Adjustors. The story highlights victims of threatening collection calls from National Credit Adjustors. If you receive threatening collection calls, you have…

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